Resumen de The Case for a Legal Framework Covering Licensing Negotiation Groups for SEP Licensing

Peter D. Camesasca, Konstantina E. Sideri

• Standard Essential Patent (SEP) licensing in the EU remains structurally imbalanced, with patent pools enjoying regulatory recognition under the existing and the revised TTBER and the TTGL while implementers face fragmented and often supra-FRAND licensing terms when negotiating bilaterally. This paper argues that Licensing Negotiation Groups (LNGs) constitute a legitimate mechanism to mitigate the market failures; and that a sui generis framework within the revised TTBER and/or TTGL is necessary to restore asymmetry in SEP licensing and stabilize EU innovation markets.