NTT DOCOMO, INC.
NTT DOCOMO, Japan's largest telecommunications company, provides innovative, convenient and secure mobile services that enable customers to realize smarter lives.
ID: 556567946436-30
Lobbying Activity
Response to Standard Essential Patents
8 Aug 2023
NTT DOCOMO, the largest telecommunications company in Japan, has actively participated in standardization activities and has made a number of technical proposals. As a result of this activity, NTT DOCOMO owns a substantive SEP portfolio, has extensive knowledge of standardization and a lot of experience in SEP licensing. Based on this background, NTT DOCOMOs view on the Draft regulation (hereinafter called the Regulation) is as follows: NTT DOCOMO has supported the policy presented by the Commission in its 2017 Communication from the Commission to the Institutions on Setting out the EU approach to Standard Essential Patents (*). Furthermore, the "Call for Evidence for an Impact Assessment" published by the Commission in 2022 follows the same principles as this previous policy. NTT DOCOMO also greatly appreciates the Commission's continuous efforts to solve the issues concerning SEP licensing. However, the Regulation does not fully reflect the policy the Commission announced in 2017 and 2022. NTT DOCOMO is therefore seriously concerned that the Commission may not achieve the goal that it had originally set for itself. The reason for this is that the Regulation imposes excessive tasks and costs on SEP holders, even though it is unclear whether SEP holders will receive a fair and adequate return for their efforts. In such cases, SEP holders may not have any motivation to comply with the Regulation. Rather, SEP holders may deliberately circumvent the Regulation. As a result, the Regulation may not contribute to resolving SEP-related issues and thus may not be useful. Moreover, SEP implementers who are eager to improve transparency, will not welcome a situation in which the Regulation does not deliver the expected results. Therefore, NTT DOCOMO suggests that the Commission should reconsider the Regulation in order to ensure that SEP holders still have the motivation to comply with the Regulation, even if it imposes additional tasks and costs on SEP holders. For example, the Commission should take measures to make sure that SEP holders will receive the adequate incentive (e.g., the Commission should promote the balanced, smooth and predictable framework for SEP licensing under improved transparency and clarified FRAND terms and conditions) and/or the Commission should consider reducing the burdens imposed on SEP holders. For example, the Commission should accept the use of the results of essentiality checks of patents in the context of patent pools by an independent evaluator not only if conducted within a limited period as set forth in Article 8, but also if conducted thereafter. It should also facilitate database linkage with other organizations such as Espacenet and INPADOC. Moreover, the Commission should extend the period for updating the SEP registration information. In addition, NTT DOCOMO believes that SEP-related issues should be resolved globally, therefore the Commission needs to reconsider the Regulation, taking into account the perspective of global harmonization. Furthermore, the Commission intends to develop detailed rules that are not set forth in the Regulation itself, but delegated or referred to implementing acts (e.g., establishing the methodology for essentiality checks, defining criteria for existing standard registration and its procedure as set forth in Article 66(4), etc.). The Commission should thus seek the views of all stakeholders and develop the detailed rules in a transparent manner. In conclusion, NTT DOCOMO strongly believes that a balanced, smooth and predictable framework for SEPs, as announced in the Commissions communication form 2017, will lead to continuous investment in R&D to promote technological innovation and the wide dissemination of technology to the mutual advantage of all parties involved in SEPs. *Please see 6th line from the bottom on page 2 to 2nd line from the bottom on the same page.
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