4iP News

New webinar! FRAND licensing levels under EU Law: components or end-device?

30 March 2020

Presented by Dr. Jean-Sébastien Borghetti, Dr. Igor Nikolic and Dr. Nicolas Petit

Click here to register for this webinar which takes place on 28 May from 16.00-17.30 CET

This webinar analyses whether EU law imposes an obligation on holders of standard essential patents (SEPs) to license at all levels of the value chain, including at component level. The location of the appropriate licensing level in the value chain is becoming a crucial question in the IoT debate as more and more industries will gain cellular connectivity (automotive, home appliances, agriculture, healthcare, etc). This webinar will provide extensive and practical analysis of this issue from the perspectives of general principles of EU constitutional law, patent law, contract law and competition law.

The presenters' recent paper on this topic can be viewed on the SSRN website while a number of papers addressing FRAND and SEP questions and a summary of the presenters' work, can be found in the research section of 4iP Council's website.

This 4iP Council webinar will provide you with the following:

  • An explanation of what EU law requires from SEP holders (and what it does not)
  • An analysis of general principles of EU law, patent law, contract law, and competition law
  • Answers to questions about what parties should do when faced with a request to license at end device or component level
  • Practical steps for licensors and licensees

About the presenters:

Dr. Jean-Sébastien Borghetti studied business administration and finance at HEC Paris before earning a PhD in law at the Sorbonne. He has been a professor at Paris II Panthéon-Assas, France’s first law faculty, since 2009. Jean-Sébastien specialises in contract and tort law, in a comparative perspective. He has been invited to teach in several countries, including the United States, and was a member of several commissions working on the reform of French law. He also practices as a counsel and arbitrator. He speaks French, English and German fluently.

Dr. Igor Nikolic is a Senior Fellow at UCL Centre for Law, Economics and Society and a Fellow at European University Institute. He specialises and writes in the areas of intellectual property, competition law, innovation and technical standardisation. He completed his PhD at University College London on the topic of licensing of FRAND-committed Standard Essential Patents in the era of 5G and the Internet of Things. He is also a qualified attorney at law advising on intellectual property, competition and regulatory laws and is an external consultant for the World Bank.

Dr. Nicolas Petit holds the Chair in Competition Law at the European University Institute (EUI) and the Robert Schuman Center for Advanced Studies (RSCAS). Nicolas Petit is also invited Professor at the College of Europe in Bruges. He is currently on special leave from the Law School of the University of Liege where he has been full Professor since 2007 and where he received his Phd. Prior to joining the EUI, Nicolas Petit has held a public office position as a part time judge with the Belgian competition authority, and has also worked in private practice with a leading US law firm in Brussels.