The Commission Sitting on the Fence Regarding SEP Licensing

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). It sets out a general, non-binding framework that can be used by SEP holders and implementers to reach an agreement on licensing terms. Similar efforts are being made in China, where the National Development and Reform Commission is drafting guidelines for pricing SEPs and the Guangdong Court is considering introducing trial guidance for lawsuits involving SEPs.

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This article was originally published on Kluwer Competition Law Blog.