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This article from IP scholar Adam Mossoff presents the proposed EU SEP Regulation, which is due to
be released on 26 April by DG GROW.

According to Mossoff, the leaked SEP Regulation would be counterproductive to a range of European
goals, including ongoing innovation in cellular technology and a central role in standardization. He
points out that available evidence suggests that, at best, the SEP Regulation is unnecessary – and
that, at worst, it could stunt innovation and economic growth in the EU in the years to come.

A concern raised by the author is that the EUIPO has no previous patent law experience, yet the SEP
Regulation plans to hand full control of important SEP issues to the EUIPO. The EUIPO would
determine what patents are able to be classed as essential, thus, SEPs, along with the appropriate
royalty rates for licensing such SEPs, in addition to mandating public disclosure of licensing
agreements. Furthermore, it would also be able to prohibit licensing or litigation of SEPs that have
not been confirmed as essential, that have not been registered, or that have set a different royalty
rate for the relevant SEPs.

The author argues that, if adopted, the SEP Regulation would destabilize the global
telecommunications market as well as strongly favouring IP users over innovators.

Furthermore, Mossoff notes that this type of regulation could be advantageous for China, which
could leverage it to continue discriminatory treatment against Western innovators in cellular
technology. Overall, he expresses concern that the new EU SEP Regulation would negatively affect
technological innovation and economic growth in the EU by destroying incentives for SEP owners to
continue investing in R&D and participating in open standardization processes.

Click here to read the full article:

New EU Regulatory Regime for SEPs will Upend Mobile Telecommunications Sector, by Adam
Mossoff, 12 April 2023, IPWatchdog.

For further reading, additional resources about the leaked SEP Regulation include:

The European Commission’s SEP licensing plans are terrible on every level, by Joff Wild, 30 March
2023, IAM.

Exclusive: EU patent body to oversee tech-standard patent royalties – EU draft rule, by Foo Yun
Chee, 28 March 2023, Reuters.

European Commission departs from best practices in hasty preparation of standard-essential patent
policy proposal that is fundamentally flawed and unbalanced, by Florian Mueller, 29 March 2023,
FOSS Patents.

European Commission to propose radical new SEP/FRAND regime with major consequences for
patent owners, by Adam Houldsworth, 29 March 2023, IAM.

European Commission set to give EUIPO responsibility for standard essential patents: big challenges
lie ahead, by Trevor Little, 29 March 2023, World Trademark Review.

Proposed EU SEP regulation will also harm net licensees: implementers of standard-essential patents
must be careful what they wish for, by Florian Mueller, 2 April 2023, FOSS Patents.

Innovation Council sat down with Neo Moloi, Co-Founder of the innovative South African SME Sawubona Mycelium, to learn more about his company’s fermentation platform for producing bio–based ingredients for cosmetics, biopharma, and food. Sawubona Mycelium, a founding member of Innovation Council, is looking to expand into new sectors and markets in the coming years. Read more about their technology solution and journey here.

Innovation Council’s newest member, All-Weather Roads Engineering based in South Africa, commercialises a novel asphalt–binding solution. Here, Emmanuel Mothabi, the company’s founder, shares insights about his company’s invention, impact, and challenges. Click here to read more.

In the coming months WTO Members will continue to discuss whether to modify the TRIPS waiver that was agreed in June 2022 to include COVID therapeutics and diagnostics. Geneva Network has prepared a policy brief that explains why it could be counterproductive to expand the scope of the waiver in this way. The brief is authored by Philip Stevens of the Geneva Network and Prof. Mark Schultz, Director of the Intellectual Property and Technology Law Program at the University of Akron School of Law.

WIPO Magazine has recently published an article on Innovation Council member, Villgro Africa, and how they are helping health startups take their ideas to market.

Villgro Africa is a Nairobi-based business incubator and early-stage investor focusing on health and life sciences. Dr Robert Karanja, the incubator’s Chief Innovation Officer and co-founder, explains how Villgro Africa is working to transform Africa’s innovation landscape and helping startups take their ideas to market.

Click here for the full story.

Supplementary protection certificates aim to offset the loss of patent protection for pharmaceutical and plant protection products that occurs due to the compulsory lengthy testing and clinical trials these products require before obtaining regulatory marketing approval.

We’ve put together a compilation of key background information on SPCs and the relevant legal regime.

Click here for more information.

GE Healthcare and Kenya-based start-up and IC member, Afya Rekod, have announced a strategic collaboration that seeks to transform care delivery through improved access to personal health data and medical records in Kenya, Nigeria, and South Africa. 

The partnership will give patients access to their health history and personal records, including radiological images, by enabling hospitals and diagnostic centers to host health records securely on one platform through a digital application. 

Click here for more information.

The WTO Secretariat has updated the joint indicative list compiling information on critical inputs for the manufacturing, distributing and administering of COVID-19 vaccines. The revised version incorporates feedback from industry and includes information on new critical inputs that have been identified.

The “Joint Indicative List of Critical COVID-19 Vaccine Inputs for Consultation” can be found here.

Inclusive innovation ecosystems are a priority for Innovation Council. It is for this reason that we have collaborated with WIPO and Invent Together on preparing these high-level policy panels that will take place on May 31 and June 1.

The event will focus on the importance of designing policies addressing the IP gender gap and engaging women’s participation in the innovation ecosystems of the European region.

Click here for online registration.