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ARTICLE · 19 FEBRUARY 2025

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European Commission Withdraws SEP Regulation

William Fry LLP
William Fry LLP
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William Fry LLP

William Fry LLP

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Among 35 initiatives the European Commission plans to withdraw is the proposed regulation on Standard Essential Patents (SEPs). Other notable withdrawals are the AI Liability Directive and the ePrivacy Regulation.

European UnionIntellectual Property
Charleen O'Keeffe
Charleen O'Keeffe
Colette Brady
Colette Brady
Laura Scott
Laura Scott
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On 11 February 2025, the European Commission withdrew proposals for regulating Standard Essential Patents.

Background

Among 35 initiatives the European Commission plans to withdraw is the proposed regulation on Standard Essential Patents (SEPs). Other notable withdrawals are the AI Liability Directive and the ePrivacy Regulation.

In response to concerns about a significant lack of transparency around SEPs, the European Commission unveiled its proposed SEP Regulation in April 2023. The regulation was proposed to promote the harmonisation of patent law across the European Union by creating a balanced framework to foster innovation within Member States. The proposed SEP Regulation's key features included establishing a SEP register, a mechanism for SEP holders and implementers to request a recommendation on aggregate royalties, and a 'Competence Centre'.

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