The following is an excerpt from an article that appeared in World Intellectual Property Review on the 12th of September 2018. The author, Adrian Howes, is head of IP and standards, IP regulatory affairs at Nokia.
The European Commission is setting up a group of experts on the licensing and valuation of standard essential patents (SEPs). The group’s success will depend heavily on its members and the opinions and recommendations it can formulate.
Last November, the Commission’s Communication on “Setting out the EU approach to Standard Essential Patents” covered several SEP-related issues, including principles for licensing SEPs on fair, reasonable and non-discriminatory (FRAND) terms.
Over the last few years there has been debate at industry and policy level about these issues. More recently, some principles have evolved from court decisions around the world, often based on good industry practices. The Communication largely adopted many of these, and set out some action points.