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16 Amendments of Arba KOKALARI related to 2023/0133(COD)

Amendment 85 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Recital 5
(5) Whereas transparency in SEP licensing should stimulate a balanced investment environment, along entire Single Market value chains, in particular for emerging technology use cases underpinning Union objectives of green, digital and resilient growth, the Regulation should also apply to standards or parts thereof, published before its entry into force where inefficiencies in the licensing of the relevant SEPs severely distort the functioning of the internal market. This is particularly relevant for market failures hindering investment in the Single Market, the roll-out of innovative technologies or the development of nascent technologies and emerging use cases. Therefore, taking into account those criteria, the Commission should determine by a delegated act the standards or parts thereof that have been published before the entry into force of this Regulation and the relevant use cases, for which SEPs can be registered.deleted
2023/10/27
Committee: IMCO
Amendment 160 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Recital 52 a (new)
(52 a) As a member of the World Trade Organisation (WTO), the Union is committed to promoting a rules-based, open, multilateral trading system under the WTO. Any measures introduced by the Union that affect trade must be WTO compliant. Further, all measures introduced by the Union that affect trade must take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not perceived as a unilateral protectionist measure. Any potential threat towards TRIPS must be taken into account before the application of this legislation.
2023/10/27
Committee: IMCO
Amendment 173 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) before the entry into force of this Regulation, in accordance with Article 66.deleted
2023/10/27
Committee: IMCO
Amendment 208 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Article 3 a (new)
Article 3a The competence centre shall be set up 24 months before the application of this Regulation. The competence centre shall be equipped with the right expertise and resources and coordinated with both regional and global IP organisations, such as the European Patent Organisation and the World Intellectual Property Organisation.
2023/10/27
Committee: IMCO
Amendment 250 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Article 15
Notification of an aggregate royalty to the 1. more Member States for which FRAND commitments have been made may jointly notify the competence centre the aggregate royalty for the SEPs covering a standard. 2. The notification made in accordance with paragraph (1) shall contain the information on the following: (a) the commercial name of the standard; (b) that define the standard; (c) the names of the SEP holders making the notification referred to in paragraph (1); (d) the estimated percentage the SEP holders referred to in paragraph (1) represent from all SEP holders; (e) they own collectively from all SEPs for the standard; (f) the implementations known to the SEP holders referred to in point (c); (g) the global aggregate royalty, unless the notifying parties specify that the aggregate royalty is not global; (h) royalty referred to in paragraph (1) is valid. 3. The notification referred to in paragraph (1) shall be made at the latest 120 days after: (a) the standard development organisation for implementations known to the SEP holders referred to in paragraph (2), point (c); or (b) standard becomes known to them. 4. publish in the database the information provided under paragraph (2).Article 15 deleted competence centre Holders of SEPs in force in one or the list of technical specifications the estimated percentage of SEPs any period for which the aggregate the publication of a standard by a new implementation of the The competence centre shall
2023/10/27
Committee: IMCO
Amendment 253 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Article 16
Revision of aggregate royalty 1. aggregate royalty, the SEP holders shall notify the competence centre about the revised aggregate royalty and the reasons for the revision. 2. publish in the database the initial aggregate royalty, the revised aggregate royalty and the reasons for the revision in the register.Article 16 deleted In case of revision of the The competence centre shall
2023/10/27
Committee: IMCO
Amendment 255 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Article 17
Process for facilitating agreements on 1. more Member States representing at least 20 % of all SEPs of a standard may request the competence centre to appoint a conciliator from the roster of conciliators to mediate the discussions for a joint submissiArticle 17 deleted aggregate royalty determinations Holders of SEPs in force in one of an aggregate royalty. 2. later than 90 days following the publication of the standard or no later than 120 days following the firr Such a request shall be made no The request shale of new implementation on the Union market for implementations not known atl contain the the commercial name of the the timdate of publication of the standard. 3. following information: (a) standard; (b) technical specification or the date of the first sale of new implementation on the Union market; (c) SEP holders referred to in paragraph (1); (d) the SEP holders supporting the request; (e) they own individually and collectively from all potential SEPs claimed for the standard. 4. the SEP holders referred to in paragraph (3), point (d) and request them to express their interest in participating in the process and to providelatest the implementations known to the the names and contact details of their estimated percentage of SEPs from all SEPs for the standard. 5. The competence centre shall appoint a conciliator from the roster of conciliators and inform all SEP holders that expressed interest to participate in the process. 6. conciliator confidential information shall provide a non-confidential version of the information submitted in confidence in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence. 7. Where the SEP holders fail to make a joint notification within 6 months from the appointment of the conciliator, the conciliator shall terminate the process. 8. notification, the procedure set out in Article 15(1), (2) and (4) shall apply.The competence centre shall notify SEP holders that submit to the If the contributors agree on a joint
2023/10/27
Committee: IMCO
Amendment 263 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Article 18
[...]deleted
2023/10/27
Committee: IMCO
Amendment 333 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Article 34 – paragraph 4
4. The obligation to initiate FRAND determination pursuant to paragraph 1 prior to the court proceedings is without prejudice to the possibility for either party to request, pending the FRAND determination, the competent court of a Member State to issue a provisional injunction of a financial nature against the alleged infringer. The provisional injunction shall exclude the seizure of property of the alleged infringer and the seizure or delivery up of the products suspected of infringing a SEP. Where national law provides that the provisional injunction of a financial nature can only be requested where a case is pending on the merits, either party may bring a case on the merits before the competent court of a Member State for that purpose. However, the parties shall request the competent court of a Member State to suspend the proceedings on the merits for the duration of the FRAND determination. In deciding whether to grant the provisional injunction, the competent court of a Member States shall consider that a procedure for FRAND determination is ongoing.deleted
2023/10/27
Committee: IMCO
Amendment 341 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Article 37
Duration of the FRAND determination 1. parties, the period from the date of the submission of the request to continue the FRAND determination in accordance with Article 38(5)(b) or Article 38(3)(c) or Article 38(4)(a), second sentence, or Article 38(4)(c), as applicable, until the date of the termination of the procedure shall not exceed 9 months. 2. The period for the time barring of claims before a competent court of a Member State shall be suspended for the duration of the FRAND determination.Article 37 deleted Unless otherwise agreed by the
2023/10/27
Committee: IMCO
Amendment 475 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Article 66
Opening registration for an existing 1. 28 months from the entry into force of this regulation] holders of SEPs essential to a standard published before the entry into force of this Regulation (‘existing standards’), for which FRAND commitments have been made, may notify the competence centre pursuant to Articles 14, 15 and 17 of any of the existing standards or parts thereof that will be determined in theArticle 66 delegated act in accordance with paragraph (4). The procedures, notification and publication requirements set out in this Regulation apply mutatis mutandis. 2. 28 months from entry into force of this regulation] implementers of a standard, standard published before the entry into force of this Regulation, for which FRAND commitments have been made may notify pursuant to Article 14(4) the competence centre of any of the existing standards or parts thereof, that will be determined in the delegated act in accordance with paragraph (4). The procedures, notification and publication requirements set out in this Regulation apply mutatis mutandis. 3. 30 months from entry into force of this regulation] a SEP holder or an implementer may request an expert opinion pursuant to Article 18 regarding SEPs essential to an existing standard or parts thereof, that will be determined in the delegated act in accordance with paragraph (4). The requirements and procedures set out in Article 18 apply mutatis mutandis. 4. internal market is severely distorted due to inefficiencies in the licensing of SEPs, the Commission shall, after an appropriate consultation process, by means of a delegated act pursuant to Article 67, determine which of the existing standards, parts thereof or relevant use cases can be notified in accordance with paragraph (1) or paragraph (2), or for which an expert opinion can be requested in accordance with paragraph (3). The delegated act shall also determine which procedures, notification and publication requirements set out in this Regulation apply to those existing standards. The delegated act shall be adopted within [OJ: please insert the date = 18 months from entry into force of this regulation]. 5. prejudice to any acts concluded and rights acquired by [OJ: please insert the date = 28 months from entry into force of this regulation].standard Until [OJ: please insert the date = Until [OJ: please insert the date = Until [OJ: please insert the date = Where the functioning of the This article shall apply without
2023/10/27
Committee: IMCO
Amendment 488 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Article 69 a (new)
Article 69a Impact assessment No later than 6 months after the application of this Regulation, external experts shall create an impact assessment evaluating its WTO compatibility, its impact on the European and global IP and innovation ecosystem as well as its effect on European competitiveness.
2023/10/27
Committee: IMCO
Amendment 489 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Article 70 – paragraph 1
1. By [OJ: please insert the date = 51 years from entry into force of this regulation] the Commission shall revaluate the effectiveness and efficiency of the SEP registration and the essentiality check systemiew the application, enforcement and impact of this Regulation and present a report to the European Parliament and the Council. The report shall in particular assess the following issues: a) the effectiveness of this Regulation in achieving its intended goal, increasing transparency b) the cost-benefit to SEP holders and implementers of this Regulation c) the overall impact on the IP and innovation ecosystem in Europe and globally d) the impact of this regulation on SMEs and micro enterprises e) the impact on trade and the competitiveness of the Union’s industry g) the impact in terms of administrative burdens for the economic operators h) whether the regulation goes against WTO compatibility and TRIPS. Where the Commission considers it appropriate, the report should be accompanied by relevant legislative proposals or repeal the existing regulation.
2023/10/27
Committee: IMCO
Amendment 492 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Article 70 – paragraph 2
2. By [OJ: please insert the date = 8 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.
2023/10/27
Committee: IMCO
Amendment 494 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Article 70 – paragraph 3
3. When preparing the evaluation reports referred to in paragraphs (1) and (2), the Commission shall consult the EUIPO and stakeholder, EPO, the World Intellectual Property Organisation and other global stakeholders, including third country governments, as well as business representatives and innovators, including small and medium enterprises.
2023/10/27
Committee: IMCO
Amendment 495 #
Arba KOKALARI, Jörgen WARBORN
Proposal for a regulation
Article 72 – paragraph 2
2. It shall apply from … [OP: please insert the date = 2436 months after the date of entry into force of this Regulation].
2023/10/27
Committee: IMCO
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