As the SEP Regulation is moving through the European legislative process, questions have been raised as to whether the draft Regulation (a) responds to the concerns raised by the Commission and (b) whether the concerns motivating development of the Regulation exist, based on evidence.
IP Europe has released a series of blogs arguing that the Commission are pushing through new legislation without evidence to support the decision. In the first two blogs, the author notes that the Commission appear to have ‘cherry picked’ the evidence that supports the Regulation and has focused on complaints by larger technology companies rather than taking an impartial view of the situation. Furthermore, the IP Europe blogs present data indicating that SEP litigation and FRAND disputes are generally declining, another basis for questioning the need for the new Regulation.