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ARTICLE · 05 DECEMBER 2017

An EC Communication On SEPs – Not More Not Less

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After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication [1] "setting out the EU approach to standard essential patents".

European UnionAntitrust/Competition Law
Oliver Heinisch
Oliver Heinisch
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A summary of the European Commission's Policy Document on standard essential patents (SEPs).

After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication1 "setting out the EU approach to standard essential patents". This Communication is part of the wider Europe's Digital Single Market initiative. Notably, however, this long-awaited paper is not likely to change the current landscape of FRAND litigation and licensing, and intentionally does not address the most controversial issues of the current debate.

The Communication attracted significant controversy within the Commission's services (including DG Competition, DG Grow, DG Connect) as well as intense lobbying by stakeholders. Key issues initially thought to be included in the paper ultimately were not addressed, notably use-based licensing and licensing-to-all. The Commission defers these issues to an expert group which it will set up to gather industry

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