Regulation
IP Europe blogs on the new SEP Regulation – Part 2
As the SEP Regulation moves through the European legislative process, experts continue to question 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 published a series of blogs arguing that the Commission is pushing through new legislation without evidence indicating there is a need for such action. In the third blog, IP Europe focuses on SMEs arguing that that SMEs’ involvement litigation regarding SEPs is rare. The author suggests the Commission may have theorized the problems that SEP litigation is causing for SMEs rather than relying on empirical evidence to form conclusions. In the fourth blog, aggregate royalties is the focus. The author points to the Commission’s perception that there is an absence of information about SEPs and licensing, and thus more SEP disputes, when in reality the Commission’s own impact assessment does not support this. In the fifth blog of the series, IP Europe argues that there is no support for the Commission’s claim that the dispute resolution system for SEP-related disputes is flawed, once again questioning the need for the new Regulation.
IP Europe blogs on the new SEP Regulation – Part 1
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.