EU institutions have recently paid attention to Standard Essential Patents (SEPs) and how the SEPs framework could be improved to encourage innovation while also promoting competition and satisfy consumers’ interests. In its 2020 Intellectual Property Action Plan on IP, for example, the Commission stressed the need to set the right conditions for a transparent, predictable…

The past decade has witnessed a sharp increase in litigation over standard essential patents (SEPs) around the world. National courts in several countries including UK have ruled they can set global FRAND rates, the Unwired Planet case in UK being a notable example. This approach is controversial and has sparked debates over the ability of…