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The future of standard essential patent licensing: from courts to national regulators?

By Professor Sir Robin Jacob and Dr Igor Nikolic

Publication details

Robin Jacob and Igor Nikolic, 'The future of standard essential patent licensing: from courts to national regulators?' [2023] Intellectual Property Quarterly 252.

Abstract

Criticises the Draft Regulation on standard essential patents (Proposal for a Regulation on standard essential patents COM(2023) 232 final) for intervening in the absence of market failures, unfairly distributing benefits and costs, and discouraging litigation in the EU courts.