Selected implementing aspects of the draft Regulation on Standard Essential Patents (SEPs)

The study shall address the scope of the draft SEPs Regulation, the implementation of essentiality checks and related administrative aspects. With regard of the scope, the purpose of this contract is to provide the Contracting Authority with an objective, fact-based, economically sound (1) market analysis of the standard landscape based on which, (2) a methodology to apply the scope as described above is established and (3) a preliminary subsumption of the existing standard landscape is drawn to identify specific examples of standards that would warrant inclusion in the scope of application. With regard to the essentiality check system of the proposal, the contract is intended to provide t a comprehensive, streamlined methodology on how to conduct essentiality checks in order to increase transparency on which declared patents are truly essential in order to create conditions for more efficient SEP licencing negotiations to the benefit of both, SEP holders and implementers.

Finally, the contract should provide specific elements that pertain to the implementation of the Regulation.