IAM – February 2025
The recent European Commission move to withdraw the SEP regulation was a welcome development. However, this is not because the aims of the proposed legislation were misplaced. No-one reasonable seriously objects to greater transparency, predictability and efficiency in standard essential patent licensing.
The Commission was right to identify them as major issues. Where it went wrong, though, was in suggesting solutions that placed an unfair burden on SEP holders in ways that would have primarily benefited major auto manufacturers and Big Technology companies, many of them based outside the EU.
Now, though, there is a chance for a rethink. This is good news. Hopefully, as Commission officials and EU member states consider what, if anything, should happen next, they will give much more thought to the positive role patent pools can play in delivering the balanced licensing market everybody of good faith wants.
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