The European Commission Proposes a New Regulation on Standard Essential Patents and FRAND Licensing

On 27 April 2023, the European Commission proposed a new regulation on the licensing of standard essential patents (the “Proposal”).

The objective of the Proposal is to facilitate standard essential patent licensing negotiations by providing clarity on several aspects: transparency as to who owns SEPs and which SEPs are essential; transparency on fair, reasonable and non-discriminatory terms and conditions; and dispute resolution for the determination of FRAND terms.

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