Response to European Commission Intellectual property – New Framework for Standard-Essential Patents

This paper by Jonathan Barnett and other IP experts was released back in 2022 – but the analysis is still very relevant today. The authors unpack arguments that have been put forward for limiting what SEP owners can do with their patents, assessing such arguments based on available data, studies, and experience in the real economy. The authors endorse the current FRAND licensing framework, noting that it continues to work well to incentivize innovation and the broad dissemination globally, across sectors, of connectivity technologies. Highly relevant insights for policy initiatives like the EU SEP Regulation, and the forthcoming SEP work program at WIPO. Read more about their paper here.