Abstract:
This policy brief critically assesses the European Commission's withdrawn proposal that would have overhauled the system of licensing and enforcing Standard Essential Patents (SEPs) in the EU. It was a proposal that, had it gone ahead, could have seriously undermined innovation in Europe's digital economy and reduced the powerful role of Europe in developing key telecom standards. It would have caused legal confusion and unpredictability, which is why important courts and judicial institutions poured cold water on the proposal. Remarkably, it would have reduced European economic interest at a time when technology features prominently in geopolitical rivalry. SEPs, particularly those that underpin standards for advanced mobile communication, are the invisible infrastructure behind today's digital world. They form the backbone of technical standards such as 5G and are increasingly used across sectors, from mobile networks to cars and household appliances.