As Licenças FRAND/PEN no Direito Antitrust da União Europeia

Standard essential patents (SEP), or patents essential to technical standards, play a central role in sectors such as telecommunications, 5G, IoT, and AI. Because these patents are indispensable for implementing technical standards, their holder can acquire significant market power. EU competition law acts to prevent abuses of dominant position in the licensing of these patents, promoting FRAND (Fair, Reasonable and Non-Discriminatory) conditions. The European FRAND/SEP regime seeks to balance incentives for innovation and patent protection, aiming for equitable access to essential technologies and the prevention of abuses of dominant position, in the sense of a more transparent, predictable, and less litigious system, essential for strategic sectors such as IoT and AI.