Standard-essential utility models are major loophole in proposed EU SEP Regulation, presumably because of fundamental rights issues: structural problems

At the Warsaw conference on standard-essential patents (SEPs), Professor Jorge Contreras criticized a major loophole in the proposed EU SEP Regulation. The current draft regulation does not cover standard-essential utility models (SEUMs), which are enforceable property rights covering technical inventions. Contreras argues that if the regulation is enacted, contributors to standards could easily work around it by obtaining SEUMs and enforcing them without delay or impact on commercial terms. Contreras suggests going back to square one and devising a new, workable solution.

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