Research & Webinars
Here we provide a number of reports and research summaries related to SMEs and innovation. You will find additional materials in our main research section.
Papers, briefs and publications
EC Draft SEP Regulation and the TRIPS Agreement Compatibility Assessment
by Wayne Chinembiri
There are many issues stemming from the draft proposal which continue to fuel discussions and encourage disagreement among scholars and practitioners alike. The issue of prime importance to the author is the question of accessibility and availability of civil judicial remedies in patent litigation. Certain provisions proposed in the draft regulation appear to interfere with rights already guaranteed by the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement).
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The Proposed EU SEP Regulation: Checking Balancing Incentives, and compatibility with EU Fundamental Rights, and the TRIPS Regime
by Mohammad Ataul Karim, LL.M
This paper interrogates three related issues of the Draft SEP Regulation, namely; i) balancing incentives for both SEP owners and implementers, ii) the compatibility of the mandatory FRAND determination and the restriction of SEP enforcement proposed in the Draft SEP Regulation with the EU Fundamental Rights, and iii) the compatibility of the Draft SEP Regulation with the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). Section II analyses the different incentives for SEP owners and implementers, and shows an imbalance of incentives between them in favour of implementers. Sections III and IV provide an analysis of EU Fundamental Rights and TRIPS compatibility respectively. Finally, section V of the paper draws some conclusions.
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Some practical and competition concerns with the proposed Regulation on Standard Essential Patents
by Dr Igor Nikolic
The aim of this short paper is to highlight some practical and competition concerns surrounding certain proposed measures of the Draft SEP Regulation addressing perceived problems. There are many aspects that could be criticised. In particular, the lack of evidence of a market failure justifying regulatory intervention, the overall unbalanced nature of the provisions, the harmful impact on innovation of European companies, and geopolitical spill-overs which could lead to the fragmentation of the global standardisation ecosystem.
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Efficient IP management in a market increasingly using open source
by Eleftheria Stefanaki and Jimmy Ahlberg
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Summary: 'Understanding ICT Standardisation: Principles and Practice'
by Ellen Deuter, Eleftheria Stefanaki and Wayne Chinembiri
The aim of this paper is to summarize a larger paper, i.e., Understanding ICT Standardization: Principles and Practice” by Abdelkafi, N., Bekkers, R., Bolla, R., Rodriguez-Ascaso, A., & Wetterwald, M. (2021).