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Interview with Sangwoo Kim: "Standard setting organizations and processes: Challenges and opportunities for competition and innovation"

Concurrences Review

Monday, June 15, 2015 from 8:30 AM to 7:00 PM (CEST)

Interview with Sangwoo Kim: "Standard setting...

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New Frontiers of Antitrust 2015



Standard setting organisations and process:

Challenges and opportunities for competition and innovation


Interview with Sangwoo Kim

The New Frontiers of antitrust conference will be held on June 15, 2015 at Ministry of Economics, Paris. James Killick — Lawyer, White & Case — has interviewed Sangwoo Kim — President of Corporate Affairs, Samsung Electronics Europe — who will participate in the panel discussion: "Standard setting organizations and processes: Challenges and opportunities for competition and innovation". Other panel speakers include: Josef Drexl — Max Planck Institute  and Jorge Padilla  Compass Lexecon.


Read the full interview below and register for the conference here.

James Killick:  What do you say to those that believe that the patent system is broken?

Sangwoo Kim:  The technology sector is a fast moving sector, that is increasingly relying on a growing number of patents and standards. This evolution is a great sign of progress and economic development, but at the same time, it also puts pressure and burden on companies that develop products implementing these standards. I believe that there is a need to clarify or update some of the rules, so that the rules better address the needs of the industry. But this does not in my view mean that the system is “broken”, per se.

James Killick:  When you say that rules can be clarified, which principles are you referring to?

Sangwoo Kim: The notion of (F)RAND licensing carries great importance in standard setting. Giving an irrevocable undertaking to grant licences on (fair,) reasonable and non-discriminatory terms and conditions should really mean something. At the moment, the principles underlying the determination of (F)RAND are rather vague. In my view, the status quo is not “good enough”, and we would all benefit from further clarifications. For example, granting a license to anyone requesting a (F)RAND license should serve as an important indicator of what constitutes a good faith licensing conduct under the (F)RAND principles. It cannot be that a company is prevented from effectively marketing its products because it cannot obtain a (F)RAND license.

James Killick:  Would you agree with those who say that the SSOs were quiet/inactive for too long? If they had taken the initiative and drafted rules that solved these issues in a balanced way, would that not have avoided the need for the competition authorities to get involved?

Sangwoo Kim:
As a major innovator and patent holder, my company is closely involved in the standard setting activities and at various SSOs’ IPR policy discussions. Seeking consensus or agreement is not an easy task when companies are involved with different interests and background: some may aggressively seek to monetize their IP, while others may seek to obtain licenses in order to manufacture their products. Reaching a consensus agreement is not always straightforward. This being said, I do agree with you that it would be in the industry’s best interest to make progress. Some initial steps have already been taken (see for example IEEE’s IPR policy update), and I hope that other SSOs will follow soon.

James Killick:   Do you agree with those that say competition law enforcers should not intervene in the IP system?

Sangwoo Kim
I do believe there is a place for competition authorities to intervene to correct a skewed landscape. The role of competition authorities is to enhance competition, to the benefit of consumers. I can most certainly support their engagement, to the extent that their actions bring legal clarity and create an equal chance for all to innovate and compete on the merits.


James KillickWe have spoken about the challenges for SSOs. But how do you see the future. What do you consider to be the main opportunities for SSO?

Sangwoo Kim
 I can see that there are great opportunities ahead. Technology is developing in a fascinating way. All this would not have been possible without the innovative technologies and standards that are implemented into these products. In the end, I believe we need make sure to avoid that companies game the system to their own benefit – but if we cross that hurdle, there are great opportunities ahead of us.

For the complete agenda of the conference and the list of the keynote speakers, visit:

Have questions about Interview with Sangwoo Kim: "Standard setting organizations and processes: Challenges and opportunities for competition and innovation"? Contact Concurrences Review

When & Where

Ministry of Economics
139 rue de Bercy, Paris | M° Bercy
75012 Paris

Monday, June 15, 2015 from 8:30 AM to 7:00 PM (CEST)

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Concurrences Review

The Paris “New Frontiers of Antitrust” conference is a unique occasion to network with some of today’s most influential global leaders in competition law. This conference, held each year in Paris since 2009, now ranks first among the European antitrust independent events in terms of venue, press reports and audience. The 2019 Steering Committee, headed by Frédéric Jenny, includes Prof. Laurence Idot, Prof. Nicolas Petit and Nicolas Charbit.

All tariffs include breakfast, coffee, lunch and cocktail reception. Conference credited for the Paris Bar continuing legal education. Governmental agencies and academics registrations must be sent with valid proof. Languages: English - French (translation). Limited places available due to the conference venue. Payment must be received prior to the conference. There will be no refund after 29 April 2019. Cancellations must be received in writing; cancellations received in writing up to 2 weeks before the conference will receive a refund less 15 %. Substitute delegates are welcome at any time. Photos will be taken at the event; attendees agree for the organizer to use these photos, unless otherwise required in writing. This event is organised by Concurrences Review and is co-sponsored by legal, economic and media partners.

The list of attendees will be communicated to the speakers.

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