EU Introduces New FRAND Framework for SEP Licensing
The European Commission introduced a 2023 FRAND framework for a determination procedure intending to “simplify and speed up negotiations concerning FRAND terms and reduce costs,” according to Reuters. This procedure is to be administered by the EUIPO, which currently focuses solely on trademarks and design rights as through a newly created “competence centre”. The new […]
Debate on SEP Regulation Impact on European IP Ecosystem
Stakeholders in Europe’s IP ecosystem find themselves divided over the proposed SEP regulation even before its publication. Standard essential patent (SEP) holders, intellectual property experts, and the USPTO director argue it is a risk to the West’s technology leadership. They have proposed the need for further scrutiny, questioning the need for the regulation, as well […]
The Impact of the EU SEP Regulation 5G/6G Global Innovation
Standards for cellular technology, particularly with 5G/6G for global innovation, serve as the cornerstone for all facets of society and the worldwide economy, enabling market entry and stimulating technological innovation. Businesses, researchers, contributors or standard essential patent (SEP) holders are compensated by users of the standardized technology (implementers). Currently, compensation is structured by way of […]
Apple’s iOS Ecosystem under EU Digital Market Act
According to the new EU Digital Market Act, third-party app stores will have to exist on iPhones and iPads. The European Union (EU) Digital Market Act will be implemented in March 2024 aiming to ensure fair competition. Apple has been designated a “gatekeeper” under the European Digital Markets Act. Apple rejects many apps – 1.7 […]
Changing Landscape of SEPs in the European Union
The European Union is experiencing a changing landscape of SEPs. Standard essential patents (SEPs) are critical to technological innovation. Standards, such as 5G, LTE, and Wi-Fi, are the technologies that serve as a basis for product development and interoperability. When a company files for a patent, they are establishing a baseline technology for other companies […]
EU’s Proposed Framework for Standard Essential Patents
Standard essential patents (SEPs) protect technology that is deemed essential for the implementation of a technical standard adopted by a standard developing organization which may relate to connectivity (e.g., 5G, Wi-Fi, Bluetooth) or audio/video compression and decompression standards. In order for a product to be standard-compliant, the implementer must use the relevant ‘essential’ patents. The […]
Impact of EC’s Proposed SEP Overhaul on Technology Leadership
Critics oppose the European Commission’s (EC) proposed SEP overhaul rules believing it puts Europe’s long-term technology leadership at risk, and even the balance of the global knowledge economy. Cellular standards are the result of effective global collaboration. For those technologies deemed essential to the functioning of a standardized technology, businesses, researchers, contributors or SEP holders, […]
EC’s Proposed SEP Overhaul on Technology Leadership
EC’s proposed SEP overhaul may have a negative impact on technology leadership. Critics of the European Commission’s (EC) proposed overhaul of standard essential patent (SEP) rules puts Europe’s long-term technology leadership, and even the balance of the global knowledge economy, at risk. Cellular standards are the result of effective global collaboration. Technologies that are deemed […]
The Digital Services Act for Online Safety and Accountability
The goal of the Digital Services Act is to foster online safety and accountability. The Digital Services Act is aimed at ensuring online platforms must implement ways to prevent and remove posts containing illegal goods, services, or content. At the same time, it gives users the means to report this type of content. The rules […]
Apple’s Anti-Competitive Behavior Under Criticism
According to some experts, Apple’s anti-competitive behavior including raising prices, denying consumers choice, lowering quality and damping the incentive of sellers of complementary or competing products to innovate. They believe that Apple must be held accountable for its anti-consumer and anti-competitive actions, which also violate intellectual property law. The European Union (EU) has been accusing […]
EC’s SEP Proposal Undermines Open Innovation
Experts believe the European Commission’s SEP proposal undermines innovation. Patrick McCutcheon, managing director of IP Europe, a coalition of R&D-intensive organizations whose inventions are protected by patents, has said the European Commission’s (EC’s) standard-essential patents (SEPs) proposal not only threatens the business models of IP Europe’s members, which include Nokia, Ericsson, and Orange, but “the […]
EU’s SEP Regulatory Framework and the Future of Intellectual Property Rights
The Fatty Fish Editorial Team takes a look at the EU’s SEP regulatory framework and the future of Intellectual Property Rights.
