The politicisation of IP protection: the case of standard essential patents

The politicisation of IP protection: the case of standard essential patents

Journal article

1 online resource

Standard essential patents (SEPs) exemplify the tension between the dual nature of intellectual property, which is both national and international. While standards have a global dimension, patents confer territorial rights, making the implementation of standards geographically constrained. As technical standards are a strategic tool, countries have developed national standards strategies that prioritise securing technological leadership. Unsurprisingly, SEPs have become a geopolitical issue and a significant factor in international tensions. In this context, China’s growing role in international standardisation has further politicised the process of standard-setting. This paper argues, however, that the approaches taken by EU and US courts and policymakers regarding SEPs have inadvertently aided China in effectively implementing its strategy. The paper identifies the root of the problem in the uncertainty surrounding the economic and legal interpretation of fair, reasonable, and non-discriminatory (FRAND) licensing terms, as well as in the willingness of national courts to act as global licensing tribunals. Additionally, the paper investigates whether the ongoing strategies of the US and the EU align with their stated goal of achieving technological leadership.

Crossref

European Intellectual Property Review, 0142-0461 ; E.I.P.R. 2025, 47(3), 121-133

[New York, NY] : Thomson Reuters, 2025.

English

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