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Soft law > Intellectual Property

Communication on Standard Essential Patents for a European Digitalised Economy

European Commission, Communication, May 2017

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The European Commission has published a Fact Sheet on Intellectual Property Rights Enforcement and a Communication setting out the EU’s approach to Standard Essential Patents (SEPs).

This initiative will contribute to the digitisation of European economy and the completion of the DSM, as it should help ensure the smooth development of new technologies like 5G and the rapid roll-out of IoT.

The initiative should provide a framework that attracts and enables investments in research and innovation, standardisation, connectivity and ensures that businesses, public authorities and consumers can fully benefit from the potential of the IoT. The objective is a smooth, practicable and fair market system for SEP licenses. It should provide a framework to ensure access to interconnectivity and interoperability solutions offered by new standards at a fair and reasonable cost to the benefit of both patent holders and implementers. A balanced EU policy on SEPs would also contribute to consolidate the central role that European Standardisation Organisations and European innovators and implementers are playing in the development of standards for 5G and IoT. It could equally offer a model for other countries and standardisation organisations, and help EU efforts to respond to the development by non-EU countries of new approaches on SEPs.