Patents and Standards Benoît Müller Director, Software Policy (Europe)

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Presentation transcript:

Patents and Standards Benoît Müller Director, Software Policy (Europe) Business Software Alliance 3 March 2006

Patents on Computer Implemented Inventions R&D and technological progress All industries rely on technology and patents are relevant for all technologies Importance of IP assets

Technology Standards Voluntary, industry-led standards, including open standards Interoperability Market-driven solutions Technology neutral policies

Patents and Standards Contribution of relevant technologies to standardization Balance between competing interests Flexible, market-driven solutions

RAND Licensing Terms Field of use – reciprocity – restrictions on sublicensing – royalty free or reasonable royalty Reasonable balance between: Fostering standards-setting Promoting development and commercialization of interoperable, competing implementations Non-discriminatory: Can be implemented by any development model Many examples in the marketplace

Conclusions Adequate and effective patent protection is key for innovation, collaboration and standardization Balancing the interests of licensors and licensees is appropriate and healthy in a proper functioning, market-based economy The marketplace, including through standards-setting organizations, is best placed to strike the right balance between all interests, thus stimulating innovation, interoperability and technological progress

Benoît Müller Email: benoitm@bsa.org