In a report published on Thursday 11 September, the ECIPE think tank delivers a scathing critique of the proposed regulation on Standards Essential Patents (SEP). This proposed regulation, published by the Commission in 2023 (see EUROPE 13171/1), could be withdrawn in the coming weeks (see EUROPE 13642/6).
If, however, the proposal were to be maintained and ultimately adopted by the co-legislators, it would harm innovation and weaken the EU’s position in global technology standards, according to the authors of the report published by ECIPE.
They explain that the Commission has presented excessive measures when it could have strengthened existing solutions. For example, creating an SEP register would add a heavy administrative burden without offering any real added value.
The pre-litigation mechanism for royalty disputes would only delay legal proceedings and affect the balance between SEP holders and their users, according to ECIPE.
The think tank also deplores the fact that the European Union Intellectual Property Office (EUIPO) does not have sufficient expertise in patent matters to supervise the granting of SEP licences and set caps on royalties.
Finally, according to the authors of the report, the existing mechanisms work effectively, are constantly being improved and therefore do not need to be overhauled.
This critical view reflects that of organisations such as IP Europe and several member countries (see EUROPE 13642/6).
To see the report: https://aeur.eu/f/iex (Original version in French by Léa Marchal)