CEN and CENELEC SMEs-friendly policies

Opportunities and challenges for SMEs

Spiro Dhapi
Project Manager - Legal Affairs
 Summary

SMEs participation CEN-CENELEC standardization work

Drafting standards considering SMEs needs

Raising awareness on the use of standards by SMEs

CEN and CENELEC Patent policy

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 ~500 TCs
450 CEN - 50 CENELEC
~2.000 WGs

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 SMEs participation in CEN-
CENELEC standardization work

Affiliates EC
Europe CEN - CENELEC
Partners EFTA

SBS

National NSB NSB NSB NSB NSB NSB NSB NSB NSB NSB

Trades Unions Professional

Standards Users Consumer institutions
Bodies
Government
Research Certification
Departments Educational
Organizations Bodies
SMEs Enforcement Bodies
Bodies
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 Drafting standards considering
SMEs needs

CEN-CENELEC Guide 17 for writing standards taking

into account SMEs needs

SME needs considered in the standard

development process:

Preparation of a New Work Item

Preparation of a Standard
Developing the content of the standard
Structure and presentation of the content
Final Review
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 Drafting standards considering
SMEs needs

CEN-CENELEC Internal Regulations Part 3

Mention of Trademarks to be avoided

Description of products is preferred

No advantage Level playing

to specific field for all,
products and including SMEs
suppliers
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Raising awareness on the use of
standards by SMEs

Help SMEs to better understand

How using standards can
benefit business
How to identify the right
standards
How to get support from
national CEN and CENELEC
members and
How to shape the content of
future standards

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 CEN and CENELEC Patent policy

Collaborative approach in standards development

Patented technologies can be incorporated in

standards

Balancing of interests

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 CEN-CENELEC Patent policy

CEN-CENELEC Guide 8 on Implementation of the

Common Policy on Patents

1. Based on ISO/IEC/ITU common patent policy

2. Voluntary early declarations at the best of
experts knowledge
3. Essentiality
4. Examine relevance of declared patents, but
NOT scope, validity & terms
5. FRAND conditions (Fair, Reasonable And Non Discriminatory)

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The declaration

Patent granted free of charge

Patent granted at FRAND

conditions

Patent not granted

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 CEN and CENELEC Patent policy

Patent Declaration
Patent list provided on the CEN and CENELEC
websites

Commitment of the patent holders to license

Ability of design-around

o Avoid patented technologies

o Possibility to consider other technologies

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 CEN and CENELEC Patent Policy

CEN and CENELEC Position paper

Confirms existing rules:
Indispensable to commit to FRAND conditions
NO CEN-CENELEC role to assess patent essentiality
NO interference with licensing negotiations
Clarifies:
1. FRAND: NO pricing content, but a comity device designed to
promote good faith negotiation
2. DO NOT support initiatives to provide guidance on, or impose
compliance with, FRAND pricing, valuation and rate-setting
methodologies

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 The expression of beauty is in direct ratio to
the power of conception the artist has acquired

Gustave Courbet

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 Thank you!

Spiro Dhapi
Project Manager - Legal Affairs
sdhapi@cencenelec.eu

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