Opany, Fidelice;
(2025)
The Search for an Optimal Framework for Licensing Standard-Essential Patents: Is Collective Licensing a Solution?
IIC - International Review of Intellectual Property and Competition Law
, 56
(4)
pp. 713-736.
10.1007/s40319-025-01570-z.
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Abstract
The emergence of new technological paradigms, particularly the Internet of Things, has given rise to doubts about whether the current framework for licensing standard-essential patents (SEPs) will be effective in the near future. Consequently, there is a renewed interest in exploring multilateral licensing schemes. One such proposal seeks to establish a public quasi-pool Agency to administer SEP licensing by issuing licences, and collecting and distributing royalties among SEP holders. This article analyses the suitability of the said Agency. It finds that the envisaged Agency could improve SEP licensing by, inter alia, alleviating patent holdout and patent holdup, and reducing transactions costs. Weighed against the pursued general interests, i.e. improving SEP licensing and promoting the dissemination of standardised technologies across the EU, we find that licensing SEPs via the envisioned Agency is unlikely to disproportionately interfere with the fundamental rights of patentees.
| Type: | Article |
|---|---|
| Title: | The Search for an Optimal Framework for Licensing Standard-Essential Patents: Is Collective Licensing a Solution? |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.1007/s40319-025-01570-z |
| Publisher version: | https://doi.org/10.1007/s40319-025-01570-z |
| Language: | English |
| Additional information: | Open Access This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/. |
| Keywords: | SEPs, FRAND, Licensing, Negotiations, Proposal 74, Fundamental rights |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10218668 |
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