With its vote of 28 February 2024, the European Parliament supported the EU Commission's proposal (COM(2023)0232) for a regulation on standard essential patents (SEPs)). Despite the stark criticism of the draft Regulation - particularly from the SEP holders - the European Parliament is not proposing any fundamental changes. The draft Regulation is now under review by the Council of the European Union. Once the Council presents its position, with potentially further requests for changes to the draft, the interinstitutional negotiations between the EU Commission, Council and EU Parliament ("trialogue") will follow.
This newly proposed regulation aims to streamline SEP licensing by enhancing transparency, reducing information asymmetries between SEP holders and implementers, and facilitating agreements on fair, reasonable, and non-discriminatory (FRAND) licenses. A notable feature of the proposal is the establishment of a competence center at the EU Intellectual Property Office (EUIPO), which will manage a registry and database for SEPs. SEP holders will be required to register their SEPs, which will undergo essentiality checks. The setting of an aggregate royalty and conciliation will also be offered by the EUIPO.
While the initiative has received broad support from stakeholders and academics for its potential to increase transparency, it faces opposition from major SEP holders and other interested parties.
On 27 June 2024, this webinar explores these developments, discusses their implications, and answers questions about how these regulatory changes impact businesses and the broader technology ecosystem.