PMAC: not quite FRAND conciliation - a comparison with the EU SEP Regulation’s more ambitious attempt to resolve FRAND licensing disputes

PMAC: not quite FRAND conciliation - a comparison with the EU SEP Regulation’s more ambitious attempt to resolve FRAND licensing disputes

Journal article

1 online resource (pages 800–806)

The licensing of standard-essential patents (SEPs) in the European Union (EU) is characterized by market asymmetries and power imbalances between the SEP holders and implementers, especially in the determination of what constitutes FRAND (fair, reasonable and non-discriminatory) licensing terms. In 2023, the European Commission proposed the EU SEP Regulation to address such market imbalances. Although the EU SEP Regulation was withdrawn in July 2025, it has spurred an extensive debate and offered good points for discussion and further consideration, especially from other fora that deal with SEP licensing disputes. In parallel, the Patent Mediation and Arbitration Centre (PMAC) offers a more traditional mediation and arbitration model, which is voluntary, confidential and procedurally lighter. Recently, PMAC has launched a public consultation on its revised Mediation and Arbitration rules specifically tailored to SEP disputes. The comparison of these two models of alternative dispute resolution is of importance because, despite the withdrawal of the EU SEP Regulation, it provides useful guidance for PMAC to be transformed into a preferred, transparent and consistent forum for the resolution of SEP disputes, lifting it above already existing mediation and arbitration fora.

Intellectual Property Law & Practice, 20, 12, 2025

Oxford, UK : Oxford University Press, 2025.

Anglais

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