Some practical and competition concerns with the proposed Regulation on Standard Essential Patents

The aim of this short paper is to highlight some practical and competition concerns surrounding certain proposed measures of the EC proposed 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.