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ARTICLE · 07 DECEMBER 2017

Inside IP: The EU Approach To Standard Essential Patents

Mishcon de Reya LLP
Mishcon de Reya LLP
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Mishcon de Reya LLP

Mishcon de Reya LLP

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In April 2016, the European Commission identified three areas of the SEP licensing environment that needed improvement: (1) opaque information on SEP exposure ...

European UnionIntellectual Property
David Rose
David Rose
Nina O'Sullivan
Nina O'Sullivan
Natasha Pearman
Natasha Pearman

In April 2016, the European Commission identified three areas of the SEP licensing environment that needed improvement: (1) opaque information on SEP exposure (2) unclear valuation of patented technologies reading on standards and the definition of FRAND and (3) the risk of uncertainty in relation to enforcement of SEPs.  It has now issued its much anticipated guidance aiming to create a coherent framework, given the standardisation of 5G and the Internet of Things. 

The Commission identifies two main objectives in devising its 'holistic' approach to SEPs: (1) incentivising the development and inclusion of top technologies in standards, by preserving fair and adequate return for these contributions and (2) ensuring smooth and wide dissemination of standardised technologies based on fair access conditions. However, the guidance is merely that, it is not a statement of the law. 

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