Troubling Aspects of the European Commission’s Standard-Essential Patents Roadmap

May 2017

In April 2017, the European Commission (EC) issued a consultation on its Communication on Standard Essential Patents for a European Digitalised Economy (the Communication).

As the Global Antitrust Institute at Scalia Law School at George Mason University noted in its comment to the EC, there are two main troubling aspects of the Communication:

1) The Communication appears to view variation in intellectual property rights (IPR) policies among standard-development organizations (SDOs) as a potential problem that may benefit from best practice recommendations.

2) The Communication refers to the need for “better regulation,” without providing evidence of an identifiable market imperfection, which is a necessary but not sufficient basis for economic regulation.

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