Picht on the European Commission's Draft SEP Regulation

Peter Picht has two papers out on the European Commission’s draft SEP regulation.  The first, available on ssrn, is The Draft EU SEP Regulation: Issue Spotting.  Here is a link to the paper, and here is the abstract:

The draft EU SEP Regulation has already triggered vivid debate. The purpose of this issue spotting paper is not to reflect on fundamental questions, such as whether there should be a Regulation at all and whether it should apply the main concepts of the current draft. The author will address such concerns elsewhere. Instead, the issue spotting accepts – as it were – the legislative concept as a given, looks at where the draft provisions seem not to implement this concept in a coherent and reasonable manner, and makes suggestions for improvement.

As the abstract indicates, this paper goes through the regulation, recital-by-recital and provision-by-provision, making numerous observations and suggestions.  The other paper is The Draft SEP Regulation:  Status and Issues, 2024 GRUR 83-95.  Here is the abstract:

The draft SEP regulation is a momentous, but also complex and ambitious undertaking.  One can question whether regulation along the draft’s lines should be undertaken at all.  In any case, key parts of the current concept need revision and improvement.

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I will take a blogging break for the coming week, as I have a backlog of administrative work, among other matters, to catch up on.  I shall resume the week of February 26.