On 27 April 2023, the European Commission (the “Commission”) proposed a new regulation on the licensing of standard essential patents (the “Proposal”).[1] The objective of the Proposal is to facilitate standard essential patent (“SEP”) licensing negotiations by providing clarity on several aspects: transparency as to who owns SEPs and which SEPs are essential; transparency on fair, reasonable and non-discriminatory (“FRAND”) terms and conditions; and dispute resolution for the determination of FRAND terms.[2]
