The SEP Enforcement Challenge Abroad
Standard Essential Patents (SEPs) play a key role in global technology markets. But when enforcement takes place outside jurisdictions with unified patent courts, SEP holders face steep legal and procedural hurdles. As an SEP lawyer, we work with clients to assert their patent rights across uneven legal landscapes and work through the unique enforcement challenges that arise internationally. At COFFYLAW, we focus on protecting your business through carefully tailored global strategies. Our attorneys understand how difficult it can be to work internationally with all the different laws in place, but we are here to help manage all of that.
What SEP Means In Global Licensing
SEPs refer to patents that are essential to a standardized technology like Bluetooth, Wi-Fi, or 5G. Because these technologies must interoperate, SEP holders are expected to license their patents on fair, reasonable, and non-discriminatory (FRAND) terms. When disputes arise over licensing or infringement, enforcement options depend heavily on local law, court capacity, and procedural tools available in the target jurisdiction. An attorney will work with you in all of this to see what merit your claim holds.
Legal Barriers In Non-Unified Court Systems
In countries without unified patent courts, enforcement becomes a jurisdiction-by-jurisdiction process. There may be inconsistencies in how FRAND obligations are interpreted, how injunctions are issued, or how damages are calculated. Some courts may even require localized proof of use or translation of technical documents, delaying proceedings. For example, some countries require translations for specific dialects which creates a lot of time and cost for a company to fulfill.
When Parallel Litigation Complicates Strategy
Another issue SEP holders face is the risk of parallel litigation. Without centralized enforcement, infringers can stall progress by initiating lawsuits in multiple countries. This creates a patchwork of outcomes and inconsistent rulings. We work with clients to develop coordinated enforcement strategies that account for forum shopping and procedural delays, while also respecting FRAND obligations.
Alternatives To Courtroom Enforcement
In difficult jurisdictions, arbitration and licensing mediation may be more effective. Some SEP owners choose to register their FRAND declarations with international standards organizations, strengthening their position in global negotiations. Others prioritize jurisdictions with stronger enforcement tools and use them to pressure cross-border compliance. Our team helps clients choose the right mix of legal and business strategies.
Practical Tools For SEP Protection
Our firm is rated 10.0 by Justia and holds a BBB Rating of A+. We understand that SEP enforcement is not just a legal question, it’s a business decision. We guide innovators through enforcement plans that are built around international strategy, regional law, and commercial leverage. We are familiar with defending patents in a country with minimal IP enforcement infrastructure, highlighting the need for multifaceted planning.
If your company holds SEPs and is facing infringement in a country without a unified patent court, reach out to COFFYLAW to learn how we can help you protect your rights and your bottom line. Our team is ready to help you protect your brand and your company as you expand globally.