Position statement on the European commission’s call for evidence for an impact assessment on standard-essential patents

Abstract

On 14th February 2022, the European Commission published a ‘Call for evidence for an impact assessment’ (Call for Evidence) and Public Consultation related to a new framework for standard essential patents (SEPs). The Florence School of Regulation: Area Communications & Media (FSR C&M) of the European University Institute (EUI) is thankful for the opportunity to provide its feedback. Our team of researchers has significant research, policy and training experience in the areas of telecommunications regulation, standardisation and EU competition policy. In this paper, we focus on four specific points raised by the Call for Evidence: 1) the necessity and proportionalityof any SEP licensing policy measure; 2) the measures that increase the transparency of the SEP landscape; 3) the optimal level of licensing in the production chain; 4) the alternative dispute resolution mechanisms for Fair, Reasonable and Non-Discriminatory (FRAND) licenses. Our contribution aims to be a catalyst for the debate about the appropriate SEP licensing framework.