On April 27, 2023, the Commission presented its draft regulation on SEPs (“Draft SEPs Framework Regulation”, retrievable here).
Under the aegis of DG GROW, but in close consultation with DG COMP, the Commission seeks to address what some have perceived as lack of transparency and predictability in the licensing of SEPs. The Commission had previously expressed its concern in its Intellectual Property (IP) Action Plan of 2020 and 2017 Communication and suggested that this situation could lead to a cumbersome and costly licensing process for both owners and implementers of SEPs. The Commission sought feedback via a public consultation between February and April 2023.
The draft SEPs Framework Regulation would:
- Establish a Competence Centre to register SEPs at the European Union Intellectual Property Office (“EUIPO”) and providing an electronic register and database with extensive information about SEPs;
- Oblige the owners of SEPs to register any claimed SEP in the database;
- Create additional essentiality checks through the Competence Centre;
- Establish an out-of-court procedure to determine fair, reasonable, and nondiscriminatory (”FRAND”) conditions and aggregate royalties for use of a given standard.