Standard Essential Patents: Critical Analysis Of Legal Framework
- IJLLR Journal
- Jan 20
- 2 min read
Bhanu Pratap, LLM (Intellectual Property), Amity University, UP, Amity Law School Noida
ABSTRACT
Intellectual property rights must be protected in this era of rapid technological advancement. Innovations are crucial to development and inspire people to do additional innovation in regards to that IP protection will be rewarded. The goal of Patents and standards is to promote or assist technological advancements and their dissemination. Since a proper application of the patent system influences an accurate execution of the standard essential patents. An overview of Standard Essential Patents (SEPs) is provided in this abstract. A SEPs patent covers an innovation that is necessary for the application of standardized technology. SEPs are mostly used in the telecommunications and electronics manufacturing sectors to guarantee portability with each other and recognition by Standardization organizations (SOs). This study also examines the licensing terms under which SEP holders license their patents to manufacturers in the market. Since it is impractical to manufacture products without first obtaining a license from SEP holders, licensing of these patents must be done on fair, reasonable, and non-discriminatory (FRAND) licensing terms. The development of SEPs, their significance, and methods for protection are all explores in this abstract. The international perspective on SEPs held by the US, EU, and WIPO will also be examine in this study. The case of Micromax vs. Ericsson case introduced SEP jurisprudence in India. SEPs litigation deals with significant problems included patent holdup, royalty stacking, and injunction relief. Through this research the author will understand the challenges of SEPs licensing terms, its jurisprudence in India and its implementation in India and at global level through judicial interpretation.
Keywords: SEPs, SOs, FRAND Licensing term, WIPO.
