Say goodbye to my little FRAND : is the withdrawal of the European Commission’s Regulation on standard essential patents a missed opportunity or a dodged bullet?

Abstract The European Commission’s proposal for a Regulation on the licensing and enforcement of Standard Essential Patents (SEPs) aimed to revolutionize the global SEP licensing and enforcement landscape through a variety of interventionist measures. The proposal was widely welcomed in some quarters but roundly criticized in others, and it was ultimately withdrawn. This article examines the complexities of the current SEP licensing and enforcement landscape and the criticism that has been levied against the status quo. It goes on to assess the challenges that might have come with implementing key aspects of the proposed regulation, and the achievability of its stated objectives. It also considers the worldwide effect the regulation of this area of law might have had for patent owners, product manufacturers and small/medium sized enterprises and the broader implications for technological innovation and international regulatory harmony.