London-based IP Litigation Senior Associate James Fox looks at a recent proposal from the European Commission that would significantly change the licensing of Standard Essential Patents within the European Union.
On 27 April, 2023, the European Commission published a proposal that would drastically change licensing of Standard Essential Patents (SEPs) within the European Union (the Draft Regulation).
The Draft Regulation and related materials are available online here. The Draft Regulation had been the subject of discussion—and controversy—for many weeks after an earlier draft of the proposal was leaked. Although organizations such as the European Telecommunications Standards Institute requested that the European Commission delay publication of the Draft Regulation and enter into a fuller consultation period, the Commission declined, and instead released an amended version. Read more