Wednesday, May 31 2023   \  Published by IP Watchdog.

Europe’s Schizophrenia on Standard Essential Patents

Europe’s Schizophrenia on Standard Essential Patents

“The leaked proposal takes what has been arms-length negotiations backstopped by judicial process and places the entire standard setting apparatus in the hands of a continent-wide bureaucracy that will by its very formation tip the balance in favor of implementers and away from innovators.”

The European Union is reportedly considering sweeping new regulations for the licensing and litigation of standard essential patents (SEPs), which make fair-minded observers wonder whether any sane adults are in charge at the European Commission (EC). The EU’s proposed new regulatory regime is scheduled to be released on April 26 by the Directorate for the Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) of the European Commission (EC). And recently leaked drafts suggest that proposal will contain sweeping new regulations that will effectively put an end to the licensing and litigation of SEPs as it exists today. Read more

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