Activities of Kosma ZŁOTOWSKI related to 2023/0133(COD)
Plenary speeches (1)
Unitary supplementary protection certificate for plant protection products - Unitary supplementary certificate for medicinal products - Supplementary protection certificate for plant protection products (recast) - Supplementary protection certificate for medicinal products (recast) - Standard essential patents (joint debate - Patents)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on standard essential patents and amending Regulation (EU) 2017/1001
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on Standard essential patents and amending Regulation (EU)2017/1001
Amendments (16)
Amendment 237 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Persons involved in alternative dispute resolution proceedings concerning SEPs in force in a Member State shall disclose to the competence centre within 64 months from the termination of the procedure the standards and the implementations concerned, the methodology used for the calculation of FRAND terms and conditions, information on the name of the parties, and on specific licensing rates determined.
Amendment 266 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Any stakeholder may request to participate in the process after explaining the basis of its interest. SEP holders shall provide their estimated percentage of those SEPs of all SEPs for a standard. Implementers shall provide information on any relevant implementations of the standard, including any relevant market share in the Union. Implementers shall provide information on any relevant current or potential implementations of the standard.
Amendment 268 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. If the requests for participation include SEP holders representing collectively at least an estimated 2015% of all SEPs for the standard, and implementers holding collectively at least 105% relevant market share in the Union or at least 10 SMEs, the competence centre shall appoint a panel of three conciliators selected from the roster of conciliators with the appropriate background from the relevant field of technology.
Amendment 352 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Persons involved in alternative dispute resolution proceedings concerning SEPs in force in a Member State shall disclose to the competence centre within 64 months from the termination of the procedure the standards and the implementations concerned, the methodology used for the calculation of FRAND terms and conditions, information on the name of the parties, and on specific licensing rates determined.
Amendment 395 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Any stakeholder may request to participate in the process after explaining the basis of its interest. SEP holders shall provide their estimated percentage of those SEPs of all SEPs for a standard. Implementers shall provide information on any relevant implementations of the standard, including any relevant market share in the Union. Implementers shall provide information on any relevant current or potential implementations of the standard.
Amendment 400 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. If the requests for participation include SEP holders representing collectively at least an estimated 2015% of all SEPs for the standard, and implementers holding collectively at least 105% relevant market share in the Union or at least 10 SMEs, the competence centre shall appoint a panel of three conciliators selected from the roster of conciliators with the appropriate background from the relevant field of technology.
Amendment 445 #
Proposal for a regulation
Article 60 – paragraph 1 a (new)
Article 60 – paragraph 1 a (new)
1 a. The period specified in days ends on the last day, a period marked in weeks ends at the end of the day in the last week, a period specified in months ends on the expiry of the day corresponding to the initial day of the period, and if there was no such day in the last month - then on the last day of that month, a period marked in years ends on the expiry of the day corresponding to the initial day of a given period, and if there was no such day, the end date will be the last day of that month.
Amendment 456 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. When negotiating a SEP licence with micro, small and medium-sized enterprises, SEP holders shall consider offering to them FRAND terms and conditions that are more favourable than the FRAND terms and conditions they offer to enterprises that are not micro, small and medium-sized for the same standard and implementations.
Amendment 457 #
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3
3. SEP holders shall also consider discounts, spreading payments into interest-free instalments or royalty-free licensing for low sales volumes irrespective of the size of the implementer taking the licence. Such discounts or royalty-free licensing shall be fair, reasonable and non-discriminatory and shall be available in the electronic database as set out in Article 5(2), point (b).
Amendment 490 #
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. By [OJ: please insert the date = 53 years from entry into force of this regulation] the Commission shall evaluate the effectiveness and efficiency of the SEP registration and the essentiality check system.
Amendment 493 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. By [OJ: please insert the date = 85 years from entry into force of this regulation], and every five3 years thereafter, the Commission shall evaluate the implementation of this Regulation. The evaluation shall assess the operation of this Regulation, in particular the impact, effectiveness and efficiency of the competence centre and its working methods.
Amendment 726 #
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. Time limits shall be laid down in terms of full years, months, weeks or days. Calculation shall start on the day following the day on which the relevant event occurred. The period specified in days ends on the last day, a period marked in weeks ends at the end of the day in the last week, a period specified in months ends on the expiry of the day corresponding to the initial day of the period, and if there was no such day in the last month - then on the last day of that month, a period marked in years ends on the expiry of the day corresponding to the initial day of a given period, and if there was no such day, the end date will be the last day of that month.
Amendment 736 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. When negotiating a SEP licence with micro, small and medium-sized enterprises, SEP holders shall consider offering to them FRAND terms and conditions that are more favourable than the FRAND terms and conditions they offer to enterprises that are not micro, small and medium-sized for the same standard and implementations.
Amendment 738 #
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3
3. SEP holders shall also consider discounts, spreading payments into interest-free instalments or royalty-free licensing for low sales volumes irrespective of the size of the implementer taking the licence. Such discounts or royalty-free licensing shall be fair, reasonable and non-discriminatory and shall be available in the electronic database as set out in Article 5(2), point (b).
Amendment 770 #
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. By [OJ: please insert the date = 53 years from entry into force of this regulation] the Commission shall evaluate the effectiveness and efficiency of the SEP registration and the essentiality check system.
Amendment 772 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. By [OJ: please insert the date = 85 years from entry into force of this regulation], and every fivthree years thereafter, the Commission shall evaluate the implementation of this Regulation. The evaluation shall assess the operation of this Regulation, in particular the impact, effectiveness and efficiency of the competence centre and its working methods.