In its response to the UK Intellectual Property Office’s consultation on standard essential patents (SEPs), the Fair Standards Alliance (FSA) has urged the UK Government to deliver bold, evidence-based reform that restores fairness, transparency, and efficiency to licensing of standardised technologies such as Wi-Fi or 5G.
The UK now has an opportunity to lead globally by shaping a licensing framework that rewards innovation while ensuring every company, large or small, can access and use the standards on which modern technology depends. For too long, companies across the technology ecosystem – especially SMEs – have faced disproportionate costs, legal uncertainty, and threats of market exclusion that has slowed innovation across the Internet of Things markets in Europe.
The FSA’s submission welcomes the UK Government’s recognition of these challenges and supports the introduction of a Rate Determination Track (RDT) within the Intellectual Property Enterprise Court – provided it delivers fast, affordable, and fair decisions without compromising quality. The FSA also calls for stronger transparency measures, including a publicly accessible SEP database, and a specialist pre-action protocol to ensure all parties exchange essential information before litigation begins.
The FSA’s recommendations highlight the importance of developing a transparent, non-binding aggregate fair, reasonable and non-discriminatory (FRAND) royalty rate for key standards. Publishing an indicative aggregate rate would give the market a clear benchmark for fair pricing, help licensees and licensors negotiate efficiently, and reduce the scope for excessive or inconsistent royalty demands.
