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EU SEP plans delayed by a day

People communicate European Commission building.Brussels, Belgium - 02 Mar 2011

The European Commission will publish the text of its controversial SEP regulation on Thursday, April 27

The European Commission will publish the final text of its standard-essential patents regulation on Thursday, April 27, a day later than previously indicated.

The commission had previously slated the proposals for release tomorrow, April 26, which is also World IP Day.

An EU spokesperson told Managing IP that commissioners would meet tomorrow to discuss the proposal before it is formally adopted on Thursday.

The commission will announce the regulation at a press conference at 11.00 (central European time).

A draft version of the proposal was leaked earlier this month, prompting strong criticism from SEP owners.

The draft would allow the EUIPO to determine whether patents are essential to a standard and to set fair, reasonable, and non-discriminatory (FRAND) royalties.

SEP owners would be blocked from enforcing their rights until the EUIPO had completed its checks.

Implementer lobby groups, such as the Fair Standards Alliance, say the text would make FRAND licensing more transparent and easier for small businesses.

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