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Technology licensing under EU competition law: agreements and disagreements between block exemption regimes and guidelines
The paper examines the coordination between the block exemption regulation for technology transfer agreements (‘TTBER’), which expires on 30 April 2026, the 2025 reform proposal and the parallel and complementary EU antitrust regimes on...
This article provides a cross-jurisdictional review of 2025 policy developments affecting standard essential patent (SEP) licensing. It highlights how major economies, particularly the United States (US), European Union (EU), United Kingdom (UK), and China, have tackled the enduring tension between incentivising innovation and preventing “hold-out” by implementers, while ensuring fair access to standardised technology and mitigating “hold-up” and royalty stacking. Key themes include the United States’ case-by-case approach resisting the conflation of FRAND disputes with antitrust liability, the EU’s retreat from an ambitious SEP Regulation in favour of competition soft law tools, the UK’s exploration of a dedicated FRAND rate tribunal and post-Brexit licensing rules, and China’s emphasis on patent pool governance and state-backed dispute measures. Internationally, World Trade Organization (WTO) proceedings underscored jurisdictional frictions, while World Intellectual Property Organization (WIPO) launched new transparency and ADR initiatives. The article concludes with balanced insights for both licensors and implementers navigating this fragmented SEP landscape.