Regulators' Approach To Standard Essential Patent: A Policy Conundrum

Abstract

Standards have played a significant role in the growth of information and communication technology through the interoperability of devices and the promotion of efficiency in the market. With the development of the Internet of Things (IoT), there is a high demand for interoperability and, therefore, standards in the market. Regarding regulating the SEPs, multiple stakeholders have various interests, which are often conflicting. Governments and regulators across jurisdictions have faced the challenge of ensuring predictability, transparency, and balancing interests between SEP holders and implementors in negotiations and licensing SEPs. The central concern is to what extent the state/regulator should intervene to achieve these objectives. Regulators across the globe have adopted their approach to regulation of SEP licensing depending upon their experience and prevailing market conditions there. 

This research paper engages in comparative analytical enquiry to better understand the global response to this challenge. This paper focuses on the guidelines and policies of different regulators and government departments as a resource for primary data for this research. The researcher has also referred to research articles, books, and academic blogs to understand and analyse the problem.