IP Europe supports the European Commission’s focus on regulatory simplification. We are encouraged that the European Parliament is aligned with this approach. In particular, we welcome the news this week that, following an exchange of views between the Conference of Presidents,  the Parliament does not oppose the envisaged withdrawal of the proposal to regulate standard-essential patents (SEPs).

Withdrawal of the SEPs proposal will contribute to reducing regulatory red tape. Importantly, it is fully consistent with the Commission’s Competitiveness Compass and recent International Digital Strategy for the European Union, which clearly identify the need to increase the EU’s influence in international standard setting to ensure outcomes align with the EU’s interests, notably helping industry maintain competitive positions in key technology markets.

Yes to greater transparency and efficiency

We share the European Commission’s goals for more transparent and efficient licensing of SEPs. Yet, the SEP proposal is irreparably flawed and would not deliver on these objectives. 

Some continue to use false and misleading claims to advocate in favour of retaining the SEP proposal. However, numerous stakeholders, including intellectual property experts, academics, economists and government officials, have publicly voiced concerns about its potential negative impact on the global innovation ecosystem and the incentives of European companies to invest billions of euros each year in R&D that is critical for European leadership in 5G and 6G. 

Consistent with the recommendations of the Letta and Draghi reports, withdrawal of the SEP proposal would enable a coherent approach by all Commissioners and their services towards the common goal of improving Europe’s competitiveness and future resilience. This is vital at a time when Europe is rightly choosing “to put research and innovation, science and technology, at the heart of our economy.”  

Withdrawal also clears the way for a more evidence-based discussion on how to support the European innovation ecosystem and all its stakeholders, including SMEs. 

IP Europe looks forward to engaging further with EU decision-makers as they explore ways of delivering regulatory simplification and relief. We stand for a strong Europe that recognises the crucial roles of patents and open standards. Both are key drivers of Europe’s growth, security, sovereignty and technological leadership.