The Intellectual Property
Office has published a Call for views on Standard
Essential Patents (SEPs). https://www.gov.uk/government/consultations/standard-essential-patents-and-innovation-call-for-views
The purpose of the call for views is to allow the UK Government to better
understand whether the current SEPs framework encourages innovation and
effectively promotes competition in markets, or whether there are any barriers
to innovation and competition. It will establish whether government
intervention is required and understand what intervention could look like.
The call for views will seek to gather evidence on the
following:
· The link between SEPs, innovation and competition and how
these elements interrelate with each other.
· The functioning of the market and whether balance is right
between SEP holders and implementers.
· The level of transparency in the SEPs framework.
· How pricing in licensing of SEPs is determined during
negotiations.
· The functioning of licensing agreements, the patent
system, the IP framework and the courts system.
The call for views will run for a duration of 12 weeks
closing on 1 March 2022 at 23:45. After this call for views closes the
government will assess the responses it receives and this will inform the
government’s decision on any next steps on potential intervention that is
required.
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