The views and opinions expressed in this article are those of the author and do not necessarily reflect the views or positions of DIGITAL SME nor constitute the endorsement of the candidate.
DIGITAL SME encourages an open debate around the election of the future Director General of ETSI. Other views and contributions are welcomed and can be shared at standards@digitalsme.eu.
By Jan Ellsberger, ETSI Director General candidate
* ETSI (European Telecommunications Standards Institute) is one of the three recognised European Standardisation Organisations. Its present Director General’s term of office will expire in June 2024, and in this context new candidates are being sought. The ETSI General Assembly will make the formal appointment on 16th April 2024. This third-party op-ed is hosted by the European DIGITAL SME Alliance towards the promotion of an open and democratic electoral process, with no intent to pre-empt the work of the selection committee. The views expressed are those of the author only. Other views are welcomed and can be shared at standards@digitalsme.eu.
ETSI has well served the interests of European industry and policy makers – with remarkable success stories such as the globalisation of GSM, the creation of 3GPP, DECT, and Smart Cards. However, one cannot live on old merits. With the ever-changing ICT industry, recent geopolitical developments and last but not least the new EU Standardisation Strategy, ETSI must adapt to the realities of its time to remain relevant and to continue being an integral part of the European Standardisation System. It starts with a new leadership.
From old successes to new challenges
In 1987, the European Commission issued a Green Paper on the Development of the Common Market for Telecommunication Services and Equipment (COM(87) 290 final) which proposed to liberalize and harmonize the telecommunications market within the EU. The Green Paper recognised that the ‘inevitable trend’ towards ‘the convergence of telecommunications, computing, and applications of electronics in general’ called for the rapid creation of common standards at the European level and proposed to establish a new standardisation body based on the cooperation between CEPT and CEN/CENELEC. In response to the proposal, ETSI was established by CEPT in 1988. To enable the rapid development of standards, CEPT decided to allow direct participation of the European industry in the work of ETSI rather than following the CEN/CENELEC model of representation through national delegations headed by the national standards body. Driven by the UK Administration the model was enhanced to allow participation and influence also from non-European stakeholders. It paved the way for the global success of GSM, followed by the creation of 3GPP, oneM2M and the Smart Card Platform to mention a few – which have all well served European interests.
Yet, technological advancements, the role of ICT in the digitalisation of our industries and society, changes in the geopolitical landscape, and e.g. the recent EU Standardisation Strategy, require ETSI to adapt to remain a relevant and integral part of the European Standardisation System. It requires ETSI to invite the participation from additional stakeholders and industry sectors, and to pro-actively work in support of policies and legislation for new enabling technologies and domains, such as e.g. AI, data sharing, and cybersecurity. The recent EU Standardisation Strategy has led to the implementation of governance changes in ETSI, but more work is needed to address other aspects of the strategy – such as finding new ways of involving SMEs and users, education & training, and to strengthen the connection between innovation and standardisation.
Looking ahead
SMEs are of specific importance in that regard. ETSI’s particular industry-led approach can only be considered successful when reflective of the interests of the majority of companies. With SMEs representing 99% of businesses across the European Union, their effective participation in standardisation bodies is crucial in order to attain better standard suitability. SMEs can then develop innovative products and services on the basis of these standardised technologies, and benefit customers downstream. While ETSI has advanced in a positive direction in terms of inclusiveness, further work needs to be completed in the coming years.
Beyond inclusiveness, ETSI needs to further strengthen its leadership on up-to-date industry insights in order to remain at the forefront of technology developments. Over the last 8 months, I have been very active in developing an ambitious program for ETSI. I have so far worked with more than 50 ETSI members across all membership categories and organisational sizes, to develop a program on where to take ETSI in the coming 5 years. The program, which I will continuously update based on changes in the industry ecosystem, currently covers the following key themes:
Conclusion
My mission is to continue developing this program together with all ETSI members. If ETSI wants to live up to its mission of developing and promoting world-class standards for ICT systems used globally for the benefit of all, change must be initiated. It was with great honour that, 8 months ago, I was contacted by a group of ETSI members to be the initiator of such change by entering the running for next Director General. I look forward to meeting an increasing number of members to collectively discuss how to best prepare and strengthen ETSI for the times ahead.
***
Jan Ellsberger has over 30 years of experience in standardisation, with leading roles across the telecoms, automotive, transportation and manufacturing industries. He has worked to support ETSI throughout his career and has been working directly for ETSI for more than 10 years.
The application process for the first FLUIDOS Open Call is now open with 975.000 EUR available for companies to develop technological extensions to the FLUIDOS edge processing platform and validate its existing functionality through new use cases. You can learn more about the Open Call through our webinar on 17 January 2024.
The project is offering two different types of grants:
The application process is managed via the DIGITAL SME platform, where more information, including the application template and guidelines for applicants, are available. The Call is open until 29 February 2024.
What is FLUIDOS?
FLUIDOS is a Horizon Europe consortium that is developing the platform to increase the efficiency rate of edge computing (via harnessing the processing power of inherent devices and continuum computing) to bridge the gap between the cloud and edge. More detailed technical information is available via the GitHub and White Paper.
Priority Areas
The project has identified several priority areas that applicants could focus on that will be viewed favorably by the evaluators:
Technology Extension Grants (TEG):
Use Cases Grants (UCG)
How does the Open Call work?
To benefit from the grant, companies must apply via the portal. The application should detail the concept of its use case or technology extension and explain how it is innovative and will improve or extend the performance or functioning of the FLUIDOS platform.
If selected, the successful applicants are offered grants to cover 8 months. 50% of the funding is made available upfront, and the final 50% is paid at the successful conclusion of the sub-project. The grants are expected to begin in April 2024.
FLUIDOS Principles
FLUIDOS is dedicated to the creation of a dynamic, scalable, and secure computing continuum, bridging the gap between edge and cloud computing. Building upon established Operating Systems and orchestration solutions such as Kubernetes, FLUIDOS aims to introduce a new layer of enriched functionality. This layer facilitates resource sharing through innovative advertisement and agreement procedures in the horizontal dimension while adopting hierarchical aggregation of nodes, inspired by the inter-domain routing principles employed on the Internet, to achieve vertical integration.
At the core of FLUIDOS’ vision is intent-based orchestration, which harnesses advanced AI algorithms to optimise costs and energy usage within the continuum. By promoting efficient utilisation of edge resources, FLUIDOS ensures seamless integration of computing power. The adoption of a Zero-Trust paradigm enables FLUIDOS to securely control and access geographically dispersed resources, while Trusted Platform Modules guarantee the safe deployment of applications and services.
FLUIDOS is guided by the following key objectives:
FLUIDOS Champions
Partners from the FLUIDOS consortium are available to discuss how companies can best apply for the grants, including validating sub-project concepts and technological compatibility. To benefit from this service, you can contact administrative@fluidos.eu to schedule a consultation.
For more information, you can contact James Philpot (j.philpot@digitalsme.eu) or Costanza Pestarino (c.pestarino@digitalsme.eu).
EU decision-makers have signaled that they could reach a final agreement on the AI Regulation (AI Act) this Wednesday, December 6. Ahead of this crucial round of negotiations, the European DIGITAL SME Alliance is calling on EU decision-makers to fully consider the needs of small and medium-sized enterprises (SMEs), which form the backbone of the Digital Single Market.
The upcoming round of negotiations in the AI Act was accompanied by a non-paper published by the governments of Germany, France and Italy. The non-paper contains a proposal for the self-regulation of providers of AI foundation models. DIGITAL SME welcomes deregulation for providers of AI foundation models coming from start-ups and medium-sized ICT companies. However, large, dominant foundation model providers should be regulated, as they would otherwise shift the responsibility for compliance to downstream users, especially SMEs.
Big Tech companies that develop very large base models provide developers with ready-made models that they can adapt for the development of new innovative AI products. The associations believe that these providers of base models should have to undergo a third-party conformity assessment to ensure a fair distribution of responsibilities. In this way, the regulation would ensure that the smaller deployers of the foundation models are not burdened with high compliance costs and thus lower the market entry barrier for SMEs. On the other hand, the development of new foundation models from Europe must not be hindered, so that the digital economy, which is characterized by SMEs, is not overregulated.
“Essentially, we should only regulate applications on a risk basis. The basic models on which applications are based should also only be regulated if they dominate the market,” says Dr. Oliver Grün, President of the European DIGITAL SME Alliance.
For such a solution to be effective, the term ‘very large foundation models’ must be precisely defined. Following the approach of the EU Digital Markets Act, it could include three different, complementary quantitative thresholds: a) computing power, b) number of end users, c) number of business users. This definition would not only address regulatory concerns, but also concerns about European innovation capacity. In this way, the EU can find the right balance between safety and innovation.
A precise definition for very large base models should also be combined with a precise definition of high-risk applications in the final text. According to researchers, under the original definition, up to 58% of AI systems could be classified as high-risk and subject to significant compliance requirements. This would have a far-reaching impact on the competitiveness of many innovative SMEs with their own development in the field of AI, which would be forced out of the market as a result.
This Op-Ed was written by Rasmus Keller, Specialist Group Spokesperson for the IP and IT law specialist group (Bundesverband IT-Mittelstand e. V. – BITMi) and co-chair of Working Group Intellectual Property
In the EU, softwares are mostly protected by copyright, allowing rights holders to take action against infringers without monopolising their product. However, software-related patents are also granted, preventing other software developers from being able to use, reproduce or distribute their own implementation of the software, and thus undermining innovation and competition in the software market. Furthermore, this status quo challenges Europe’s digital sovereignty, as European SMEs find themselves embedded in costly and time-consuming patent disputes, while American companies continue to hold the vast majority of software-related patents effective in the European market.
Below you will find a preliminary regulatory proposal from Rasmus Keller, software developer, IP lawyer and co-chair of Working Group Intellectual Property Rights, indicating a potential avenue to address this problem: pushing back software patents. In the weeks to come, we want to continue this conversation and further involve our membership in this discussion. Therefore, we invite all the members of our network to share with us their impressions, suggestions and contributions to this debate by writing to WG IPR Coordinator Naira López Cañellas at n.lopez@digitalsme.eu.
The copyright protection system is a guarantee for open software markets and low market entry thresholds
The EU has decided to protect computer programs by copyright (so called copyright approach). The Directive 91/250/EEC of 14 May 1991 (now codified version 2009/24/EC) on the legal protection of computer programs has established the copyright protection of software. The copyright law offers a range of claims for the rightholders to take action against infringers without monopolising product features. Additionally, the source code that is responsible for providing the product features is hidden in the software binary. According to this directive every computer program is protected by law and every developer or software company is enabled to distribute his or its software to gain profits and market shares. The copyright approach is therefore a democratic and performance-related approach for the IP protection of computer programs. The copyright protection system is a guarantee for open software markets and low market entry thresholds.
On the other hand, ten thousands of patents are granted on so called inventions covering computer programs. At least 121.718 EP patent documents are available that mention the word computer program in their claims on 30. May 2023. The patent claims represent abstract solutions that can be implemented in countless computer programs. In fact, software related patents are claiming features of computer programs. To receive such a patent the applicant does not need to disclose any source code or even does not need to be able to write any line of code. Vice-versa the patent owner receives an exclusive right to use the patented invention and to prohibit any use by third persons. For a simple outline of a feature, a patent as monopoly right can be acquired that prohibits the distribution of all the usually elaborate and complex implementations of the feature in source code. Hence, patent protection in the field of software leads to a blatant disproportion between the rather low intellectual performance that is needed to receive a patent and the extensive scope of the IP right obtained based of this effort.
For a simple outline of a feature, a patent as monopoly right can be acquired that prohibits the distribution of all the usually elaborate and complex implementations of the feature in source code.
As a result of the grant of a software related patent, any other person in particular developers or software companies are not allowed to use their own implementation of a patented feature within a software although it is protected by the directive 2009/24/EC of 23 April 2009 on the legal protection of computer programs. The affected developers and software companies are not allowed to reproduce or distribute their software. The economic existence of such businesses is jeopardized by software related patents. This also violates the fundamental rights of software developers and their businesses, in particular the right to property (Article 17 Charter of Fundamental Rights) and the freedom to choose an occupation (Article 15 Charter of Fundamental Rights). The granting of software-related patents undermines the well-designed system of copyright protection for computer programs.
Innovation needs legal certainty, especially with regard to IP rights
Innovation needs legal certainty, especially with regard to IP rights. This applies in particular to the software industry. Tens of thousands of software-related patents have been granted on features of computer programs and prevent Freedom to Operate for market participants. As a result, new software developments are exposed to a high risk of patent disputes. Startups and SMEs in particular lack the capacity to conduct patent disputes. In this way, the SME- and competition-friendly system of copyright protection for computer programs is undermined. This creates serious obstacles to growth and barriers to market entry.
Furthermore, the vast majority of software related patents that is effective in the common market of the EU is owned by big tech companies resided in the US. These companies have built up a large stock of software related patents with broad claims that easily can be used to threaten and destabilize new market participants founded within the EU. As a result, software related patents preserve the dominance of US big tech companies about key technologies and the key infrastructure built on this software. Software related patents are a serious obstacle for the digital sovereignty of the EU and may outbreak initiatives to build European tech champions like Scale-Up Europe.
Software related patents are a serious obstacle for the digital sovereignty of the EU
(1) First it must be secured that no further software related patents are granted.
A Software related Solution is hereby a solution/invention that needs a computer to be executed or implemented. Hence, a Software related Patent is a patent that covers a Software related Solution. Traditional approaches refer to the question if the software solution has got a technical character, uses technical means or causes a technical effect. But all of these questions are ultimately philosophical in nature. They are not sufficient to provide a clear response to patentability, in particular on the condition that the priority of copyright protection is respected. To give all market participants and stakeholders a clear formula to understand which solutions is eligible for patent protection and which solution shall only be protected by copyright we suggest a hands-on formula:
Substitution Rule:
A patent shall not be granted on inventions that comprise computer programs or require computer programs to be implemented. As an exception patents can be granted on inventions if the computer program can be substituted / replaced equivalently by a mechanic or electromechanical component. This not the case if the patented device process calculations or the patented process requires calculations.
The Substitution Rule safeguards that the majority of software solutions is excluded from patent eligibility and thus in regard to these solutions an open area of Freedom to Operate and innovation for all developers and market participants is established. All participants are empowered to develop their own implementations of software features using different source code without infringing any patents.
On the other hand, the Substitution Rule won’t hinder the grant of patents of (control) processes or (control) devices which can use software as an implementation method or component but not depend on software. This is the case if the implantation can equivalently be realized by mechanic or electromechanical components. For example, methods for washing laundry in a program-controlled washing machine that does not include decisions based on calculations can also be realized with mechanic or electromechanical components. Such solutions and innovations are still eligible for patent protection.
The Substitution Rule will establish an Open Area of Freedom to Operate and innovation for all developers and market participants
(2) Second the stock of already granted software related patents must be defused:
The large stock of already granted software related patents must be defused to establish the open area of Freedom to Operate. Therefore, the Substitution Rule must be applied on already existing patents and in such way build a Protective Shield for the economic copyright of the software developers and companies.
The Protective Shield effects that no patent claims can be used against software in regard to implementations of a software related solution that is not eligible to patent protection according to the Substitution Rule.
Protective Shield:
Software can not be object of patent claims (injunctive relief, damages etc.), unless the computer program can be substituted / replaced equivalently by a mechanic or electromechanical component. The computer program can not be replaced if the patented device process calculations or the patented process requires calculations.
To implement the Substitution Rule and the Protective Shield we suggest the following regulation:
Having regard to the Treaty on the Functioning of the European Union and in particular Article 114 thereof, acting in accordance with the procedure laid down in Article 294 of the Treaty,
Whereas,
(1) Ten thousands of patents are granted on so called inventions covering computer programs. The patent claims represent abstract solutions that can be implemented in countless computer programs. In fact software related patents claim features of computer programs. To receive such a patent the applicant does not need to disclose any source code or even does not need to be able to write any line of code.
(2) Vice-versa the patent owner receives an exclusive right to use the patented invention and to prohibit any use by third persons. As a result, any programmer or software company is not allowed to use their own implementation of a patented feature within a software although it is protected by the directive 2009/24/EC of 23 April 2009 on the legal protection of computer programs.
(3) In particular the author or rightholder of a computer program which violates an already granted patent is not allowed to reproduce, alter or distribute their own computer program for business objectives outside the private domain. This is not in compliance with the exclusive rights of the authors laid down in Art. 4 of the directive 2009/24/EC.
(4) Therefore an amendment of the directive is necessary. First it must be secured that no further software related patents are granted. Second the stock of already granted patents must be defused.
The following directive shall be adopted:
Article 1
Article 8 of the Directive Regulation (EC) No. 2009/24 is replaced by the following:
Article 8 Protective shield, application of other legal provisions
(a) A patent shall not be granted on inventions that comprise computer programs or require computer programs to be implemented. As an exception patents can be granted on such inventions if the computer program can be substituted equivalently by a mechanic or electromechanical component. The computer program cannot be replaced if the device that is subject of the patent application processes calculations or the process that is subject of the patent application requires calculations.
(b) A computer program shall be not object of claims (injunctive relief, damages etc.) resulting out of a patent violation, unless the computer program can be substituted equivalently by a mechanic or electromechanical component. The computer program cannot be replaced if the patented device process calculations or the patented process requires calculations.
Article 2
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 3
This Directive is addressed to the Member States.
DIGITAL SME is strengthening engagement in ICT standardisation!
DIGITAL SME joined partners to kick off the standICT2026 project to strengthen SMEs’ participation in leading standards-settings activities for core technologies relevant to their products and services. Through this modus operandi, SMEs’ participation in standardisation will foster positive impact in global competitiveness and alignment with EU’s vision for geopolitical leadership.
SMEs’ engagement in ICT standardisation is crucial for their business operations. DIGITAL SME Secretary-General, Sebastiano Toffaletti, recognises that “the success of digital services, offered by our digital SMEs, depends on robust and open ICT standards, not only for regulatory purposes but also for technology adoption for non-ICT SMEs, struggling in identifying the right tools and avoiding technology lock-in.”
Throughout the project, DIGITAL SME will support ICT experts’ engagement in ICT standardisation priorities and SMEs’ promotion for interoperability, openness of interfaces, access, portability of data, and other priorities identified by the EC Rolling Plan for ICT Standardisation.
DIGITAL SME will lead on establishing a mentorship program for new experts, helping them in developing a standardisation expertise via the support of established specialists. This program will be beneficial for SMEs interested in standardisation but which have yet to develop the required capacities. The mentorship program is part of a larger standards academy, facilitating access to resources, including SME tailored guidance. DIGITAL SME will also lead a consultation process to ensure that policy recommendations are aligned with the European Commission’s priorities for ICT standardisation.
Among its several activities, standICT2026 provides fundings to experts to join technical committees of European and international standardisation organisations, with emphasis on increased SMEs’ participation. The project allocates around EUR 3 million over the following three years. Each expert can benefit for up to EUR 60.000 over a total of nine calls.
If you are interested in more updates over the funding calls or news on ICT standardisation, fill in the expression of interest.
DIGITAL SME invites all our members to join our effort in building a wide and vibrant network for collaboration on ICT standardisation and the WG Standards.
The StandICT.eu 2026 project is funded by the European Union under grant agreement no. 101091933
In light of the Russian invasion of Ukraine, the European DIGITAL SME Alliance and its members have developed a Digital Opportunities Portal to provide refugees with jobs, trainings, and skills. This platform is freely available for all companies and training providers to contribute by publishing their opportunities.
We strongly condemn the unilateral aggression and express our utmost support and solidarity for Ukraine and its people. They will require long-term support to rebuild their lives and country. Therefore, over the past weeks, we, together with our member associations, have gathered ideas and initiatives from our members to provide our fellow European citizens of Ukraine with means of support. This will allow Ukrainian refugees, as well as anyone else who has left their country for better chances in Europe, to find the relevant offers from ICT employers and training providers.
The Digital Opportunities Portal is available here. Please submit your upskilling, training, and employment opportunities via the portal to support Ukrainians looking for ways to rebuild and continue their livelihoods.
The Digital Opportunities Portal is supported by:
This catalogue of “SME digital solutions for smart cities” showcases the excellence of European digital SMEs to local, national and European Public Administrations. SMEs digital solutions for both urban and rural ecosystems are welcome.
This call to action comes with the increased participation of the European DIGITAL SME Alliance in Smart Communities initiatives at the European level, with the support to the European Commission flagship initiative for the digital transformation of European cities, Living-in.eu, and participation in the AURORAL project.
Would you like to be featured on the catalogue? Join the Focus Group Smart Communities and contribute to shape the European ecosystem for smart communities!
For any query, please do not hesitate to contact Alessandra Zini at a.zini@digitalsme.eu
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