Footnote:
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments March 27, 2023 erstellt
Description:
Over the years, the debate surrounding standard essential patents (SEPs) has focused mainly on the economic and legal meanings of FRAND commitments. However, the assessment of SEPs’ true essentiality is a topic that has gained significant interest among policy makers. As the European Commission is expected to deliver a legislative proposal to promote an efficient and sustainable SEP licensing ecosystem, this paper aims to provide a review of the literature on different mechanisms that have been proposed to determine the essentiality of a patent. Indeed, whilst any policy intervention stems from the need to ensure a reasonable balance among accuracy, transparency, and cost of the essentiality checks, the available approaches score differently in terms of their efficiency