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Conference

Standard-Essential Patents policy in the wake of the withdrawal of the EU regulation proposal

When

09 October 2025 14:30 CET
10 October 2025 17:30 CET

  • 09 Oct14.30 - 19.30
  • 10 Oct09.15 - 17.30

Where

Hybrid

EUI campus (Refectory) and Zoom

The event explores the legal framework surrounding Standard-Essential Patent (SEP) licensing in Europe and its implications for licensing practice, innovation ecosystems, and dispute resolution frameworks. Bringing together experts from government, industry, academia, and the judiciary, this high-level conference will examine how current and emerging policy shifts are reshaping the SEP licensing landscape after the withdrawal of the SEP Regulation proposal by the European Commission.

The global legal framework surrounding Standard-Essential Patent (SEP) licensing is in a state of continuous evolution, shaped by the complex interplay of divergent national standardisation strategies, market regulation, patent jurisprudence, industrial and trade policies. In Europe, although the full potential of the Unified Patent Court in the enforcement of SEPs has yet to be realised, the prospect of direct regulatory intervention remains uncertain following the European Commission’s withdrawal of its SEP Regulation proposal in early 2025. Nevertheless, a tender-based study exploring the hypothetical implementation of the withdrawn proposal is still ongoing, and the Commission has not ruled out further action in this area. Collective SEP licensing is also under the limelight given the guidelines on patent pools released by Chinese authorities and the ongoing revision of similar soft law instruments in the EU and the UK At the international level, two disputes are also pending at different procedural stages between the EU and China before the WTO regarding Chinese courts’ use of anti-suit injunctions and global rate-setting in SEP cases.

The conference opens with a judicial roundtable featuring judges from prominent European patent law jurisdictions, who will reflect on recent developments in SEP case law and enforcement practices. The first panel will examine the industry impact of the European Commission’s withdrawal of the proposed SEP Regulation, followed by a discussion on how EU standardisation and industrial policies can better support SME participation in standardisation and adoption of standards. The programme will then explore how EU competition law is shaping global SEP portfolio management and licensing. A keynote speech will complement the EU perspective with a Transatlantic view on recent developments in U.S. antitrust policy on standardisation. The final panel will address ongoing patent law initiatives aimed at improving SEP transparency and reforming cross-border dispute resolution frameworks, viewed through the lens of technology sovereignty and global trade dynamics.

Organised with the support of the European Telecommunications Standards Institute.

Scientific Organiser

Niccolò Galli

European University Institute

Pier Luigi Parcu

European University Institute

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