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ARTICLE · 10 DECEMBER 2024

History Suggests That A (Long) Delay In Implementing The SEP Regulation Is Likely

Marks & Clerk
Marks & Clerk
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Marks & Clerk

Marks & Clerk

Marks & Clerk LLP was founded in 1887 by George Croydon Marks, who was joined in partnership by...

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It would hardly be a surprise if the proposed EU SEP regulation took 10 years to implement given the history with the UP/UPC (over 30 years from conception to implementation), or even if it never sees the light of day. If the UPC is able to set FRAND rates quickly and avoids granting early injunctions, and the German courts fall into line, that would seem to solve the problem (faced by implementers) if there is indeed a problem to be solved.

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It would hardly be a surprise if the proposed EU SEP regulation took 10 years to implement given the history with the UP/UPC (over 30 years from conception to implementation), or even if it never sees the light of day. If the UPC is able to set FRAND rates quickly and avoids granting early injunctions, and the German courts fall into line, that would seem to solve the problem (faced by implementers) if there is indeed a problem to be solved.

What's new: An outspoken critic of the proposed EU SEP Regulation, Spanish MEP Adrián Vázquez Lázara, said at a Qualcomm-sponsored Euractiv event yesterday (YouTube recording) that the bill was stuck in the EU Council and might not move forward for ten years, lamenting a missed opportunity in recent years to develop something better concerning SEP enforcement.

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