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CLEPA | Group of trade associations urges Commission to maintain the objectives of the proposal on Standard Essential Patents

A group of trade associations have sent a joint letter to the European Commission’s President Ursula von der Leyen, warning about the concerns in the shelve of the proposal on Standard Essential Patents (SEP), with which patent-holders commit to licence their SEPs to users of the standard on fair, reasonable and non-discriminatory terms and conditions.

in CLEPA, 18-04-2023

The group supports and appreciates the objectives represented in the reported European Commission proposal for a regulation on standard essential patents. The associations welcome the efforts of the Commission in developing this proposal, which addresses many of the concerns raised in recent years.

The proposed regulation includes strong measures that could improve transparency and predictability in the standard essential patents licensing ecosystem for all stakeholders. It recognises that royalty stacking is a concern and creates a pathway for parties to have a fair chance to negotiate a FRAND license before litigation can be brought. It also recognizes the principle that anyone should be able to get a FRAND license if they are willing to take one.

The group urges the Commission to maintain the objectives of the legislative proposal and further build upon them, raising that there has been a strong push from a small group of stakeholders to shelve this proposal.

Read the letter

Why does SEP regulation matter to automotive suppliers’ contribution to the future of mobility?

Automotive is one of the industries outside of traditional telecommunications facing Standard Essential Patents (SEP) licensing abuse. Automotive suppliers invest, innovate, build and market next-generation products advancing the future of mobility. In fact, automotive suppliers register over 39,000 patents each year.

Companies in the automotive supply industry need certainty and predictability to reliably invest in the development of new technologies using new standards. That is why creating a balanced system of licensing for the use of standards will motivate SEP holders and implementers to engage in good faith negotiations.


CLEPA Policy Guidelines on SEP



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