Thursday, June 1 2023   \  Published by BARDEHLE PAGENBERG Partnerschaft mbB.

Updated IP Report on draft SEP Regulation

Updated IP Report on draft SEP Regulation

A little over a month after the draft of an SEP Regulation of the European Commission was leaked, the Commission released an amended official draft on April 27, 2023, comprising many clarifications and amendments. To provide readers with some background, we refer to our earlier assessment of the initial draft. A comparison shows countless amendments ranging from small corrections to the addition or deletion of entire paragraphs. Nonetheless, the basic concept of the draft has not changed, and the impact of the amendments might be surprisingly small. Hereinafter, we will provide a more detailed analysis with a focus on three main pillars: SEP register, essentiality checks, and FRAND determination. Read more

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