More of a Burden than a Solution? Potential Impacts of a New European Framework for Standards and Patents. College of Europe #4.16, February 2016

Executive Summary > Incentivising innovation and ensuring competition on the market at the same time can be conflicting. > The European Commission intends to create a new European Framework for Patents and Standards, but it remains unclear what exactly are its goals. > The public consultation reveals diverging views of private actors vis-à-vis public authorities. > Fair, reasonable, and non-discriminatory licensing of patents essential to standards is not clearly defined in the Commission’s proposal, leaving room for abuses, whereas the current system provides a toolbox that industry actors regard as well-functioning. > The Commission’s focus might be displaced, potentially leading to negative consequences for the market and the consumers