Standard Essential Patents (SEPs) In India: An Examination Of Legal, Economic, And Regulatory Challenges With Global Comparisons
- IJLLR Journal
- Feb 24
- 1 min read
Madesh M, LLM (IPL), Christ Deemed to be University (Central Campus), Bangalore
ABSTRACT
Standard Essential Patents (SEPs) present a fundamental tension in intellectual property law between incentivizing innovation through exclusive patent rights and ensuring fair access to essential technologies in standardized markets. This creates challenges in balancing the rights of patent holders with those of technology implementers, particularly in determining Fair, Reasonable, and Non-Discriminatory (FRAND) terms and the availability of injunctive relief. This study employs a comparative legal methodology, analyzing SEP frameworks across India, the United States, and the European Union through examination of case law, statutory provisions, and regulatory approaches. The research draws from landmark cases including Ericsson v. Micromax and Ericsson v. Lava in India, Microsoft v. Motorola and TCL v. Ericsson in the US, and Huawei v. ZTE in the EU. India's SEP jurisprudence, while nascent, demonstrates a pro- patentee approach with courts consistently upholding SEP holders' rights and awarding substantial damages. The US emphasizes contractual FRAND obligations with flexible judicial approaches, while the EU adopts a competition-centric framework through Article 102 TFEU. Key differences emerge in FRAND determination methodologies, with India favoring comparable licensing approaches, the US applying modified Georgia-Pacific factors, and the EU establishing procedural negotiation frameworks. India's evolving SEP landscape shows potential for drawing lessons from established global practices, particularly in developing clearer FRAND determination guidelines and balancing patent enforcement with competition concerns. The study reveals the need for harmonized approaches to promote innovation while preventing market abuse in the rapidly expanding digital economy.
Keywords: Standard Essential Patents, FRAND licensing, patent litigation, competition law, Standard Setting Organizations, innovation.
