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On 27 April 2023, the European Commission published its proposal for a regulation on standard essential patents (SEPs). SEPs are patents that protect technology that has been declared essential in a technical standard or specification developed by a standard development organisation (SDO). The proposed SEPs regulation aims to facilitate SEPs licensing by increasing transparency about SEPs, reducing information asymmetries between SEPs holders and SEPs implementers and facilitating the agreement on ...

The IA substantiates its findings with references to several sources, in particular the Commission's consultation activities to prepare the IA. The specific objectives presented correspond to the problems and the problem drivers identified in the IA. Overall, the IA provides a sufficient and balanced description of the options, including detailed schemes describing the procedural steps envisaged under each option and taking into consideration the views and concerns of stakeholders. The assessment ...

The Unified Patent Court after Brexit

At a Glance 11-03-2020

Great Britain has recently made known that it does not intend to apply the International Agreement on a Unified Patent Court (UPCA).

EU Patent and Brexit

In-Depth Analysis 05-11-2019

This In-depth Analysis resumes the possible scenarios concerning several Intellectual Property provisions of EU and international law in the event of a withdrawal of the United Kingdom with or without a proper withdrawal agreement. It tries to clarify the question how Brexit may affect the entry into force of the new European Patent with Unitary effect (EPUE), especially, if the Unified Patent Court Agreement (UPCA) can enter into force, even in case the UK has withdrawn from the EU. What would be ...

This in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, assesses the European Commission of (EC) Communication of 29 November 2017 on the EU approach to Standard Essential Patents. The report examines the principles identified in the Communication with respect to the Commission’s proposals on (i) increasing transparency on SEPs; (ii) determining valuation of SEPs( Standard Essential Patents ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Constitutional Affairs, examines – against a historical backdrop – the legal provisions governing Enhanced Cooperation as well as the so far very limited number of implemented Enhanced Cooperation initiatives. Based on these insights, concrete ideas are formulated on how to optimise this ‘standardised and generalised framework’ of differentiated ...

Intellectual property includes all exclusive rights to intellectual creations. It encompasses two types of rights: industrial property, which includes inventions (patents), trademarks, industrial designs and models and designations of origin, and copyright, which includes artistic and literary property. Since the entry into force of the Treaty on the Functioning of the European Union in 2009, the EU has had explicit competence for intellectual property rights (Article 118).

The Single Market Strategy

At a Glance 23-05-2016

Following the Commission Communication 'Upgrading the Single Market: more opportunities for people and business', presented on 28 October 2015, the Committee on the Internal Market and Consumer Protection (IMCO) adopted its own-initiative report on the Single Market Strategy on 21 April. The report is due to be discussed and voted in plenary in May.

The European Patent Office - State of Play

In-Depth Analysis 15-04-2015

On invitation of its president, the JURI Committee, on 4-5 May 2015 has visited the European Patent Offices seat in Munich and discussed the state of play of implementation of the new unitary patent, ethical questions of patentability, as well as technical issues deriving from the new challenges after the agreement on a European unitary Patent and in view of ongoing negotiations on international trade partnership agreements. This In–Depth analysis gives some background information on the economic ...

The unitary patent

At a Glance 06-12-2012

Harmonising patent law in Europe has been a constant goal since the 1960s. However significant challenges, particularly relating to languages and litigation of patent cases, have repeatedly blocked attempts. Now, 25 Member States have signed up to a compromise under enhanced cooperation. Spain and Italy abstained because of objections to the language rules.