Response from the Danish Government to the public consultation on
patents and standards
Denmark appreciates the opportunity to provide input to the Commis-
sions consultation on patents and standards.
Denmark recognises the important role patents and standards have in en-
couraging innovation and in the diffusion of knowledge and technology
in the EU.
From a Danish point of view the use of patents (or other intellectual
property rights) in standards should not be seen as adverse phenomena.
The use of patented technology in a standard can in some circumstances
be the best way to reach the functional requirements of the given standard
and also lead to a quicker diffusion of the patented technology than oth-
erwise.
The interplay between patents and standards does hold potential for con-
flicts between the interests of the patent holders and the standard users.
Many of these issues are regulated through established patent policies in
the standards setting organizations that provide a framework for the in-
clusion of patent protected technology in standards.
In Denmark our experience is that the current framework governing pa-
tent in standards works rather well and that serious conflicts are rather in-
frequent. We are familiar with situations in international standardisation
where conflicts have aroused but revised guidelines seem to a large de-
gree to have solved the issues.
Therefore, the Danish Government recommends that future policies from
the European Union should continue to promote voluntary, market-led
standardisation and leave the patent-policies to the standard setting organ-
ization themselves.
Some issues have occurred due to lack of transparency on existing pa-
tents. The Danish government recommends, where necessary, a greater
cooperation between standard setting organizations and patent offices in
MINISTRY OF BUSINESS AND
GROWTH
Slotsholmsgade 10-12
DK-1216 Copenhagen K
Tel.
Fax
+45 33 92 33 50
+45 33 12 37 78
CVR no. 10 09 24 85
www.evm.dk