European Union, FRAND, Legislation, SEP

(Technical University of Munich)/

In an earlier post I explained the issues that the proposed EU Regulation on SEPs intends to address, and why neither the market nor the courts solve them. Here, I discuss three points of critique brought against the Proposal: that it would reduce innovation incentives; that a family-level essentiality assessment would be too imprecise; and…

European Union, FRAND, Legislation, SEP

(Technical University of Munich)/ /3 Comments

The European Commission’s recently leaked Proposal for a Regulation on standard-essential patents (SEPs), summarized here by Enrico Bonadio and Dyuti Pandya, establishes a framework for transparent SEP licensing. Some have criticized the proposal, claiming among other things that it is unnecessary, harmful to innovation, and difficult to implement. Much of this critique is unjustified. More…