Member States urged to promote European strategic interests and industrial leadership in 5G, including through the new EU framework for foreign investment screening.

[Brussels: Monday, 12 March] The Council of the European Union Conclusions adopted today recognise the importance of “a stable and efficient standardisation ecosystem”; “ensuring a fair return on investment for SEP [Standard Essential Patent] holders” and “access to SEPS for all” under Fair Reasonable and Non-Discriminatory terms. This recognition gives European innovators the confidence to continue their R&D investments into 5G and other future generations of wireless open standard telecommunications infrastructure.

Commenting on the outcome, Francisco Mingorance, Executive Secretary of IP Europe, said:

“Europe’ s technological success and innovation is driven by its unmatched expertise and R&D expenditure. European technology companies rank among the top technology contributors in key-standard setting bodies that have created 3G and 4G technologies. These qualities have positioned our companies among the leaders in 5G technology development. We welcome today’s Council Conclusions as they will help European businesses continue to compete in a global landscape in which wireless technology companies are increasingly being treated as strategic assets.”

His comments come in the context of a letter sent last week by the Committee on Foreign Investments in the United States (CFIUS) highlighting the importance of “long term technological competitiveness and influence in standards setting” recognising the critical link between return on investment from the licensing of essential patents and the development of technology standards.

Mr. Mingorance added: “European Member States need to continue promoting European leadership in 5G and IoT open technology standards.  This will help to preserve Europe’s strategic interests and industrial leadership in cybersecurity products and services for the telecommunications infrastructures of the future in the new EU framework for foreign investment screening”.

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About IP Europe

IP Europe brings together R&D intensive European companies and research institutes committed to innovation, from SMEs to global enterprises and non-profit research entities operating in a variety of industrial sectors. They all share a common goal: to maintain, at all policy levels, strong patent protection for innovators and support recognized fair, reasonable and non-discriminatory standardisation policies adopted by consensus that preserve fair compensation for innovators. IP Europe and its partner companies are working together to produce a Code of Conduct in the CEN-CENELEC workshop agreement process that outlines fair and efficient technology licensing best practices for Standard Essential Patents. IP Europe was originally launched by Ericsson, Airbus and France Brevets. The Fraunhofer Gesellschaft participates in IP Europe in its capacity of academic advisor.

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