On 29 November 2017, the European Commission published a communication titled “Setting out the EU approach to Standard Essential Patents” (the “Communication”) in which it seeks to offer guidance and recommendations in relation to the licensing, valuation and enforcement of Standard Essential Patents (“SEPs”). SEPs are patents that cover technology considered as essential to implement a specific standard or technical specification needed to allow industry participants to create interchangeable products, such as mobile devices that rely on, for example, Wi-Fi or 4G/5G networks. The SEPs are developed under the auspices of standard-setting organisations, such as the European Telecommunications Standards Institute. According to the Commission, once a standard is established and the holders of
The EU Commission publishes a communication on Standard Essential Patents
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