LCII Half-Day Conference: Regulating Patent "Hold-Up"?

On February 29, 2016, the LCII organized a top-notch event:

REGULATING PATENT “HOLD-UP”? AN ASSESSMENT IN LIGHT OF RECENT ACADEMIC, POLICY AND LEGAL EVOLUTIONS 

Abstract: The patent hold-up theory has nurtured many policy developments in the past ten years. On the one hand, Standard Setting Organizations (SSOs) have been exploring changes to their licensing policies, in particular in relation to the commercial implications of FRAND pledges given by holder of Standard Essential Patents (“SEPs”). On the other hand, antitrust agencies and patent courts across the globe have been confronted with several waves of cases Those proceedings have generated a thick, diverse and somewhat inconsistent body of case-law on a wide array of topics, including the availability of injunctive relief, patent valuation, portfolio licensing, practicing and non-practicing entities, etc. This conference seeks to provide a 360° state of play on patent hold-up in contemporary antitrust and patent policy.

This Half-Day conference took place in Brussels, on February 29th, 2016.

The full Conference programme is available here .

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The event gathered prominent specialists on the issue. Their slides may be found here:

• A. GAUTIER, “Academic Panel – Patent Hold-Up: Setting the Scene”;
• P. LAROUCHE, “Framing Patent Hold-Up Within European Law”;
• G. LANGUS, “Institutional Aspects of the Hold-Up Debate”;
• J. CONTRERAS, “The Patent Hold-Up Debate: A Critical Re-Assessment”;
• S. RAES, “SDO IPR Policy and Patent Hold-Up”;
• S. KIEFF, “Reflections from an Independent Commission Interface Among Trade, IP, & Antitrust”;
• J. PADILLA, “Calculating FRAND Royalty Payments in Practice”;
• N. PETIT, “High-Level Remarks”.