The EU's Draft Regulations On SEP Licensing: Additional Context From The Impact Assessment Report

We recently reported on the European Commission's leaked draft regulations concerning the fair, reasonable and non-discriminatory (FRAND) licensing of standard essential patents (SEPs). Since the publication of that piece, we have reviewed a 245-page Impact Assessment Report from the European Commission that offers further context on the draft regulations and reveals an interesting feature that was considered but ultimately not included in the leaked draft.

IN DEPTH

At a high level, the draft regulations would establish a new FRAND regulatory regime with the following features:

1. A "competence center" at the European Union Intellectual Property Office that will provide information on FRAND negotiations, relevant case law, etc.