EU Drops SEP Regulation Plans, Sparking Industry Concerns Over 5G and Innovation

February 19, 2025
EU Drops SEP Regulation Plans, Sparking Industry Concerns Over 5G and Innovation
  • The European Commission has decided to abandon its efforts to establish regulations for standard-essential patents (SEPs), raising significant concerns among companies involved in licensing connectivity technology.

  • Critics argue that this withdrawal deprives European companies of fair access to critical infrastructure, such as 5G, and exacerbates strategic dependencies on foreign technologies.

  • The Commission had initially proposed creating a SEP register to verify the significance of key patents and to implement fixed fee structures along with a dispute resolution mechanism.

  • However, this proposal faced substantial opposition from 15 co-developers of global standards, who contended that it misrepresented the functioning of the international standards ecosystem.

  • Under the leadership of President Ursula von der Leyen, the Commission's withdrawal of the proposed regulation has alarmed industry representatives.

  • The Fair Standards Alliance, which includes major players from the automotive and tech sectors like Amazon, Apple, and Google, expressed dismay over the decision, claiming it undermines the competitiveness of European industry.

  • Companies are concerned that the absence of clear patent rules could lead to an increase in legal disputes, ultimately hindering innovation in critical connectivity technologies.

  • SEPs are vital for various mobile technologies, data formats like JPEG, and the interoperability of audio and video applications, making their regulation essential.

  • The Commission has indicated that reaching an agreement with the EU Parliament and the Council of Ministers on this issue is not foreseeable, prompting a reevaluation of its strategy.

  • Interestingly, while the European Patent Office initially opposed the Commission's plan, it later expressed general support for reform in this area.

  • The intense patent conflicts, particularly in the mobile communications sector, have also had repercussions for the automotive industry.

  • This reversal is part of a broader trend of regulatory changes in the EU that could significantly impact the tech and telecom sectors.

Summary based on 2 sources


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