A wise move or a step backwards? Reconsidering the withdrawn EU Proposal for a Regulation on SEPs

This paper examines the recent withdrawal of the much-debated EU Commission’s Proposal for a Regulation on SEPs, which had been conceived as a way to tackle the contentious nature of SEPs licensing. The paper re-assesses its strengths and weaknesses, while discussing the main criticism raised against this legislative initiative. Further, in light of the existing difficulties in resuming discussions on a broad regulatory project, it aims at exploring possible ways forward to navigate the uncertain times affecting SEPs licensing negotiations in technology markets. Suggested measures may, for instance, rely on effective contributions from organizations involved in the development of IPRs policies and standards implementation.