Standard essential patent (SEP)

Fair, reasonable and non-discriminatory (FRAND), Intellectual property (IP), Regulation, Standard essential patent (SEP)

(Robert Schuman Centre, EUI)/ /2 Comments

On 27 April, about a month after an unofficial leaked version, the European Commission published the highly-contentious Standard Essential Patents (SEPs) Regulation Proposal. The Proposal aims to facilitate SEP licensing by increasing transparency over SEPs, reducing information asymmetries between SEP licensors and implementers and facilitating the agreement on Fair, Reasonable and Non-Discriminatory (‘FRAND’) licenses. Such…

China, Fair, reasonable and non-discriminatory (FRAND), Intellectual property (IP), Standard essential patent (SEP)

(Hogan Lovells, China)/ /Leave a comment

On 4 January 2018, the Shenzhen Intermediate People’s Court (Court) rendered a landmark judgment in the Huawei v. Samsung standard essential patent (SEP) case that is expected to reshape dynamics between SEP licensors and licensees. On 21 March 2018, the Court released the non-confidential version of its judgment to the public. The Court ruled in…

European Union, Fair, reasonable and non-discriminatory (FRAND), Intellectual property (IP), Standard essential patent (SEP)

(Sidley Austin LLP)/ /Leave a comment

Standard essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing terms remain hotly debated topics within antitrust circles as regulators around the world stake out their positions. In November 2017, the European Commission (the Commission) published its Communication on the EU approach to Standard Essential Patents (SEPs) (the Communication).[1]  It sets out a general,…