2026 is already set to be a transformative period for IP law, with major shifts anticipated in UK design frameworks and generative AI copyright exemptions. Central to this shifting landscape is the potential "second wind" for the EU's standard-essential patent (SEP) reforms, which were previously shelved but are now the subject of a high-stakes legal challenge by European lawmakers.
Commenting on the regulatory outlook in Law360, Matt Pinney emphasised that the core of the upcoming legal battle rests on whether the European Commission can justify its U-turn on SEP regulation. The CJEU will be tasked with determining if the Commission's claim of "no foreseeable agreement" meets the "cogent evidence" threshold required for a lawful withdrawal.
Despite the legal drama, Matt provides a pragmatic reality check for businesses. He cautions that "it's unlikely we will see an EU SEP regulation in the near term because the same fundamental disagreements remain" among stakeholders and Member States. This suggests that while the legal proceedings continue, the licensing environment may remain unchanged for some time.
The full piece can be found via the link below.
Matt Pinney, partner at Marks & Clerk LLP, said that while the EU's Court of Justice has "previously recognized the commission's right to withdraw legislative proposals when properly justified, the court will need to assess whether the European Commission's explanation of 'no foreseeable agreement' among member states meets the required standard." If the Parliament wins, it could lead the proposal to be tabled once more. But there remain concerns that rights-holders and implementers are fundamentally split on the topic, lawyers say. "Even if the Parliament prevails in court, it is difficult to see that the fundamental disagreements between member states that blocked the EU SEP regulation will have dissipated such that an agreement could be reached on the proposed SEP regulation in its current form," Pinney said.
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