ANALYSIS OF STANDARD ESSENTIAL PATENTS IN LIGHT OF COMPETITION LAW IN INDIA
Sumit Agarwala1 and Dr Namita Jain2
1Research Scholar, Faculty of Law, JECRC University, Jaipur
1Assistant Professor, GD Goenka University, Haryana, India
2Assistant Professor and Head, Faculty of Law, JECRC University, Jaipur, India
The Competition Commission of India has been presented with several instances that involve standard essential patents (SEPs) as well as fair, reasonable, and non-discriminatory (FRAND) promises (CCI). These cases involve well-established technology companies awarded SEPs in recognition of their contributions to the telecommunications industry due to their innovations. As could be anticipated, most of the accusations come from firms that manufacture or assemble smartphones. In their statements to the Commission, the parties have asserted that the terms granted to licensees by SEP owners in the telecommunications industry breach FRAND requirements of being “fair, reasonable, and transparent.” They believe that royalties are excessive and discriminatory, which indicates misuse by those who have a dominant position in the technology behind GSM, 2G, 3G, and other expanding areas of the sector. Injunctions have also been requested from the High Court of Delhi concerning the royalties’ base and methodology, including royalty stacking of SEPs, which suggests that patent owners are trying to put a hold on the situation. These are the very first cases involving SEPs to be heard in India.
Keywords: Competition, Monopoly, Commission, Patents, Indian Law