EU Releases Intellectual Property and Standardisation Guide: Balancing Innovation and Technology Accessibility

The European IP Helpdesk has recently published a thematic guide titled "Intellectual Property and Standardisation", which systematically elaborates on the symbiotic relationship between standard-setting and IP protection, and emphasises the need to properly balance the inherent contradiction between patent exclusivity and the openness of standards in the process of technology dissemination.

The guide points out that standardisation is a process of developing uniform technical specifications aimed at achieving interoperability and compatibility among different products and services. Taking the EU‑wide mandatory USB‑C charger standard as an example, this measure both facilitates consumers and reduces electronic waste. However, technologies covered by standards are often protected by patents, giving rise to a core issue: right holders legally enjoy exclusivity, whereas standards strive for broad technology accessibility.

To address this, the EU explicitly introduces the mechanisms of "Standard Essential Patents" (SEPs) and "Fair, Reasonable and Non‑Discriminatory" (FRAND) licensing. If a patent is indispensable for implementing a standard, the right holder must commit to licensing it under FRAND conditions. The FRAND principle requires that licensing terms be fair, fees reasonable, and conditions non‑discriminatory, thereby both ensuring that right holders receive adequate remuneration and preventing them from abusing a dominant position to exclude competition.

Regarding the standard‑adoption process, the European Standardisation Organisations (CEN, CENELEC, ETSI) are responsible for receiving proposals, assessing essentiality, requiring FRAND commitments, and finally approving and publishing standards. EU competition law further stipulates that for standardisation activities to benefit from the "safe harbour" exemption, they must be open to participation, transparent in process, voluntary in adoption, and based on FRAND conditions.

For small and medium‑sized enterprises (SMEs), the guide recommends making proper patent arrangements in advance, verifying whether a technology is an SEP through SDO databases, and carefully assessing the potential impact of disclosure obligations on unprotected inventions when participating in standard‑setting. The EU has provided dedicated support for SMEs through channels such as the CEN‑CENELEC SME Programmes and the Enterprise Europe Network.

This guide offers a clear legal framework and operational guidance for EU‑funded projects and enterprises involved in standardisation activities, helping to foster innovation while safeguarding market competition order.

【Attachment】 Full text of "Intellectual Property and Standardisation"