Not Fair, Not Reasonable: The Status Quo of SEP Negotiations

Ever been refused service at a café or restaurant, just because the owner didn’t like the look of you, or forced to buy products you didn’t need, because the product you did want was only available as part of a package deal?

The answer is probably ‘no’.  These kinds of behaviours in a consumer context would be deemed unfair, unreasonable and therefore unacceptable.  

But standardised connectivity patent holders promise open access to these technologies on fair terms. Yet, they renege on their promise, which had to be made because of the substantial market power these patent holders possess, enabling them to charge prohibitive rates or exclude innovative products from the market.

Europe urgently needs a regulation to redress the imbalance in the the standardised connectivity technologies markets – or else European businesses and consumers could miss out on the transformative potential of the IoT. 

Discover below some of the unfair practices that licensees of standard essential patents can often come up against: