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\def\WIPO{World Intellectual Property Organisation}
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The future of standard essential patent licensing: from courts to national regulators?
2023
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Details
Title
The future of standard essential patent licensing: from courts to national regulators?
Item Type
Journal article
Description
1 online resource
Summary
The article considers the European Commission’s Proposed Regulation on Standard Essential Patents (SEPs) and assesses its impact on the future of SEP licensing. It shows that available evidence does not demonstrate the existence of market failures justifying extensive regulatory intervention. Moreover, the proposed Regulation pursues the redistributive function of shifting the costs to only one group—SEP owners—while conferring the benefits to standard-implementers. The extraterritorial effects of the Regulation may invite other countries to follow the example and introduce their own regulatory regimes for national SEPs. Licensing disputes would be transferred from courts into the hands of national regulators. Private ordering instruments might provide balanced and cost-effective solutions to any potential inefficiencies while leaving dispute resolution to courts, which have proved more than capable of resolving ever-complex issues in SEP licensing.
Source of Description
Crossref
Series
Intellectual Property Quarterly ; I.P.Q. 2023, 4, 252-273
Linked Resources
Published
[New York, NY] : Thomson Reuters, 2023.
Language
English
Copyright Information
https://1.next.westlaw.com/Copyright
Record Appears in