On April 27, 2023, the European Commission published its proposal for a Council Regulation on standard essential patents. The proposal is controversial as one would expect given its potential impact on the balance between SEP holders and implementers in royalty negotiations, the methodology for assessing FRAND rates, and the role of Courts. In this article, we focus on one aspect of the debate, namely the motivation for the Regulation and in particular, whether the Huawei/ZTE framework
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