Standard Essential Patents In India: Towards A Balanced Frand Framework
- IJLLR Journal
- 2 days ago
- 1 min read
Ayush Singh, Thakur Ramnarayan College of Law
Jaines Chauhan, Thakur Ramnarayan College of Law
ABSTRACT
This paper analyses the regulatory framework governing Standard Essential Patents (SEPs) in India and identifies a critical “implementation gap” between patent holders and domestic implementers. It argues that recent judicial trends, coupled with the exclusion of competition law oversight, have created a pro-patentee regime that disproportionately burdens India’s implementer-heavy manufacturing sector. Through doctrinal and comparative analysis of SEP jurisprudence in the European Union, United States, and China, the study highlights key issues including licensing uncertainty, information asymmetry, excessive royalty demands, and risks of patent hold-up and hold-out.
To address these challenges, the paper proposes a Hybrid Regulatory Framework centred on an India FRAND Negotiation Code (FNC) and a specialised SEP Transparency and Competence Authority (TCTA). The framework introduces structured negotiation protocols, royalty ceilings, and MSME safeguards. It concludes that such reforms are essential to balance innovation incentives with industrial growth, ensuring equitable and efficient SEP regulation in India’s evolving technological landscape.
