HUGE BREAKING NEWS - The European Commission has withdrawn the SEP Licensing Regulation on the basis that there is "no foreseeable agreement" on the legislation. Presumably more detail on the reasons behind the decision will emerge over the coming days. There had been substantial pushback on the proposals from a number of sources inside Europe, including major SEP holders such as Nokia and Ericsson, pool operators such as Sisvel, many UPC and national court judges, ETSI and a number of national governments. With so much else going on, the regulation was never going to be a priority so getting it over the line was looking increasingly like a tough ask - especially in the era of the Draghi report and a growing focus on reducing red tape, as well as increasing concerns around technology sovereignty and security. By the time it might have reached the implementation point, the market and courts were going to have moved so far on it would have been largely obsolete. The Commission has said that it will now consider making new proposals or taking an alternative approach. In a statement published by IAM this evening, Nokia said: "We share the European Commission’s goals for more transparent and efficient licensing of standard essential patents. However, the proposed regulation was flawed and would not have delivered on these objectives. Instead it would have had an adverse impact on the global innovation ecosystem, in particular the incentives for European companies to invest billions of euros each year in R&D, for European leadership in 5G and 6G and for Europe’s future competitiveness and resilience ... The Commission’s willingness to rethink its approach on this important topic is a positive step. Nokia is ready to engage constructively with the Commission and other stakeholders to deliver a fair and balanced framework for the licensing of SEPs that supports the continued development of global open standards." Full story here: https://lnkd.in/dXCYa5DV
Hopefully, this will create space for more pragmatic market solutions.
Thanks, Joff! I had heard this rumor. Agreeing with Bowman in his hope for pragmatic solutions. There certainly is the opportunity, but the goal should be driving toward predictability and certainty in the value of the rights -- there ought to be more incentives for parties to stay at the negotiating table instead of opting for litigation.
This is excellent news. It was a badly thought-through proposal which would have handicapped the European tech industry. There's a need for a proposal to resolve disputes around standard-essential patents and improving transparency of SEPs and hopefully a more pragmatic proposal will emergs.
... and Licensing Executives Society International (LESI) will continue to play its role as a platform of constructive dialogue towards win-win-win improvements in the SEP licensing ecosystem.
wow. I hope this not some sort of 6 dimensional ruse.
lets hope for a fair and balanced framework for the licensing of SEPs that supports the continued development of global open standards 😊
Interesting, but not fully understood. Is the fact that "NEWS - The European Commission has withdrawn the SEP Licensing Regulation" Or will it be"assessed" "whether another proposal should be tabled" "or an other type of approach should be chosen?" So does that mean it is assessed but not withdrawn, or does assessed mean withdrawn? Online status is still: in discussion. https://eur-lex.europa.eu/procedure/EN/2023_133 "17. COM(2023)232 final 2023/0133(COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on standard essential patents and amending Regulation (EU)2017/1001 No foreseeable agreement - the Commission will assess whether another proposal should be tabled or another type of approach should be chosen."