James Holland, Mishcon de Reya Managing Associate, commented in World Intellectual Property Review on the result of a recent vote, where the EU's Legal Affairs Committee (JURI) adopted its position on new rules to support standard-essential patents (SEPs). The aim of the rules is to encourage SEP holders and implementers to innovate in the EU, but they have faced backlash on what has been described as 'fundamentally flawed' legislation.
During the vote, 10 out of 23 members of JURI abstained.
James said, "…the 10 abstentions may provide an indication of how complex and issue this is to solve. This development will be welcomed by the many (including UK judges) who have criticised the dysfunctional state of the current system for determining SEP/FRAND disputes."
"However, there is still a long way to travel before any system takes shape – both in terms of the legal process, but also the significant hurdles to equip the EUIPO with the necessary resources."
Read the full article here.