Expert views on the European Commission’s new proposal for SEP regulation

The question of SEP, FRAND and ADR has been one of the prime topics for the Munich IPDR Forum since its founding. We began 2024 by returning to this intersection of patent and competition law and took a look at the current proposal for a SEP regulation that has been presented by the European Commission last year and that is currently in the further legislative process in the European Parliament and the Council. Our members discussed the proposal and the ADR components that are incorporated in it. We also used the opportunity to look beyond what is currently on the table to other, previously proposed and already existing, examples of IP ADR, and put this into the context of standardization.


Our members had the opportunity to discuss the proposed SEP-Regulation with

Dr. Beatriz Conde Gallego, senior research fellow and member of the drafting group of the MPI for Innovation and Competition´s Position Paper on the Proposed SEP-Regulation

Anne von Zukowski, Legal and Policy Affairs Officer, European Commission, DG Grow

Dr. Matthias Schneider, Chairman of ETSI TC Human Factors and former member of the SEPs Expert Group

Dr. Axel Walz, judge at the 6th Senate of the Higher Regional Court Munich and co-author of a proposal for ADR in SEP disputes

Dr. Matthias Zigann, presiding judge of the 38th Senate of the Higher Regional Court Munich and of the Local Division Munich of the Unified Patent Court