Commitments by Samsung not to seek injunctions in Europe on the basis of standard essential patents (SEPs) for smartphones and tablets have been made legally binding by the European Commission (EC).

Samsung will not be able to pursue injunctions against licensees who sign up to a specified licensing framework. Any disputes within this about what constitute fair, reasonable and non-discriminatory (FRAND) terms for SEPs will be determined by a court or, if both parties agree, an arbitrator.

The framework of Samsung’s five year commitment also includes a negotiation period of up to 12 months.

The EC described the commitments as a “safe harbour” for potential licenses of relevant Samsung SEPs, with all companies that sign up to the licensing framework protected against SEP-based injunctions by the company.

Joaquin Almunia, Commission vice president in charge of competition policy, said “it is essential that intellectual property is not misused to the detriment of healthy competition and, ultimately, of consumers”.

An SEP-based injunction sought by Samsung against Apple products in April 2011 was rejected by the Commission in December 2012, because Apple was deemed to be a willing licensee on FRAND terms.

Separately, the Commission ruled that Motorola’s efforts to enforce an injunction against Apple in Germany relating to GPRS technology constituted an abuse of a dominant position. Moto has been ordered to “eliminate the negative effects” resulting from the action.

The Commission also found that Motorola’s attempt to force Apple to give up rights to challenge the validity or infringement by its mobile devices of Motorola SEPs (with the threat an injunction) was anticompetitive.

“Our decision on Motorola, together with today’s decision to accept Samsung’s commitments, provides legal clarity on the circumstances in which injunctions to enforce standard essential patents can be anti-competitive,” noted Almunia.

SEP’s are essential to implement specific industry standards, meaning it is impossible to make products that comply with these standards without accessing these patents through licensing.

Injunctions that halt the sale of products due to SEP disputes can “distort licensing negotiations and lead to anticompetitive licensing terms that the licensee of the SEP would not have accepted absent the seeking of the injunction”, according to the EC.