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. The Charter of Fundamental Rights of the European Union, 2012, The Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS), 1995.
