Brussels, 12 February, 2025 –
The Fair Standards Alliance (FSA) is stunned by the European Commission’s intention to abruptly withdraw the regulation on standard essential patents (SEP Regulation). This unexpected move contradicts the Commission’s declared objectives to put innovation at the centre of Europe’s quest for competitiveness and to eliminate obstacles that hinder Europe’s strength industries. By withdrawing the SEP Regulation, the Commission would strip European businesses of a chance at fair access to essential infrastructure such as 5G and deepen Europe’s strategic dependencies instead of supporting industry in Europe.
The plan to withdraw the SEP Regulation disregards years of pleas for legal and business certainty, for consistent and transparent regime across Europe for large and small businesses seeking to digitise their products and services. The FSA represents dozens of both small and medium businesses, as well as many of Europe’s most successful and innovative large businesses. Their products and services are valued by millions of EU consumers every day.
The SEP Regulation has the overwhelming support of the European Parliament and many EU Member States. It has been designed to create a balanced framework for licensing standardised technologies such as 5G and WiFi. Its withdrawal sends a terrible signal to innovators and businesses who rely on a predictable and fair SEP licensing system.
We urge the European Commission to reconsider its decision. The development of a robust SEP framework that supports a balanced and predictable licensing environment for all stakeholders is a critical mission for this Commission’s competitiveness agenda.
We have long called for eliminating obstacles for entire industries in Europe to thrive – from semiconductor manufacturers to smart energy solutions providers, to medical device manufacturers, to makers of devices that bring connectivity to every aspect of lives of European people. Incoherent framework for licensing standardised connectivity technologies has been a major roadblock in this respect.