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Tilburg Law and Economics Center

TILEC supports and stimulates academic research on the governance of economic activity. It fosters academically path breaking and practically relevant research and aims to be a leading center worldwide.

TILEC Conference on: Patent pools 2.0: Modernizing collective licensing mechanisms in the IoT context

26 April 2019, Brussels

Purpose of the conference

Patent pools can be a source of efficiencies when they comprise patents protecting complementary technologies. While patent pools have been successful in several areas, attempts to create patent pools have failed with respect to mobile communication standards, such as 3G and 4G, where the main SEP holders have stayed away from the pool and engaged in bilateral negotiations. This had led to significant litigation. Bilateral negotiations are hard to envisage in the IoT context where thousands of companies, large and smalls, while have to implement mobile communication standards. In that context, patent pools and other forms of collective licensing mechanisms may be an attractive alternative. Patent pools have, however, often been criticized for their aggressive licensing tactics, and some of them seem to suffer from significant design flaws. If reliance on patent pools is the right way forward in the IoT context, it is important to make sure that they are correctly designed and managed. Against that background, the purpose of the conference is to discuss the strengths and weaknesses of patent pools, the regulatory framework under which they operate, the challenges they face and the ways in which they should operate to provide an attractive alternative to bilateral licensing in the IoT era.

Draft program
9:00 Welcome speech and introduction
9:10 – 9:30 First keynote speech
Ms. Amaryllis Verhoeven, Head of Unit, DG Growth, European Commission (invited)
9:30 – 10:30 Patent pools in the ICT sector: Setting the scen
What is a patent is a patent pool and different types of pools (Prof. Michael Mattioli, Indiana University)
Patent pools: The pros and the cons (Kirti Gupta, Qualcomm)
10:30 – 10:50 Coffee break
10:50 – 11:50 Patent pools in the ICT sector: Setting the scene (continuation)
Fostering the formation of patent pools (Carter Elzroth, DVB Project)
What economic theory has to say about patent pools (Dr Avantika Chowdhury, Oxera)
11:50 – 12:20 Second keynote speech
Prof. Rob Merges, UC Berkeley: “A Review of Contemporary Research on Patent Valuation: Lessons for Patent Pool Royalty Allocation”
12:20 – 13:20 Lunch
13:30 – 15:00 Patent pools – A discussion of some practical issues
What governance system for patent pools (Thomas Chia, Via Licensing)
Patent pool and SEPs: Setting FRAND terms (Mathias Hellman, Ericsson)
Patent pools and the value chain: Who should take a license? (Matthias Schneider, Audi)
Discussant: Ief Daems, Cisco Systems
15:10 – 15:30 Coffee break
15:30 – 16:10 Policy session:
What can be done about essentiality? (Prof. R. Bekkers, Technical University of Eindhoven)
16:10 – 17:30 Roundtable: Patent pools 2.0 – What is the right way forward in the IoT era?
Patent pools 2.0: A discussion of the core features (Prof. Damien Geradin, EUCLID Law & Tilburg University)
Roundtable participants:
Dr. Tim Pohlmann, IPlytics GmbH,
Martin Heinebrodt, Bosch;
Didier Patry, France Brevet.
17:30 – 17:40 Conclusions
17:40 Cocktail

Registration

The Registration fee includes:

  • access to the academic conference sessions
  • coffee/tea/lunch and drinks during the conference day

Registration fee: € 250

There is a Registration Waiver for Invited speakers, Academics and TILEC members.

If you wish to attend the conference, please click here to register.

Venue

Hotel Wiltcher's Steigenberger

71 Avenue Louise / Louizalaan 71

1050 Brussels

Belgium

When: 26 April 2019 09:00