Title: SEPs and automotive brake system: a study on horizontal application of patent licensing under FRAND terms in India

Authors: Soumya Prakash Patra; K.D. Raju

Addresses: RGSOIPL, IIT Kharagpur, West Bengal, 721302, India ' RGSOIPL, IIT Kharagpur, West Bengal, 721302, India

Abstract: Implementing safety norms such as ABS and CBS for two-wheelers is indeed the right step in preventing loss of life in road accidents in India. However, most of the technology development in these fields that are introduced in the market are linked to associated patents owned by select few organisations. Making the safety norms such as ABS and CBS for two-wheelers as mandatory, without any supporting mechanism for effective transfer of technology to local producers, could lead to unjust enrichment of such patent holders. This eventually would create a situation whereby the end-user suffers in terms of the un-affordability of such products as well as the inability of the system to adopt such safety systems to the vehicles that are already sold. The present paper aims to justify a horizontal approach of implementing principles of SEPs and their licensing under FRAND terms for two-wheeler safety systems in India.

Keywords: patents; standard essential patent; SEP; automotive; brakes; patent landscape.

DOI: 10.1504/IJIPM.2022.124633

International Journal of Intellectual Property Management, 2022 Vol.12 No.3, pp.354 - 367

Received: 13 Jun 2020
Accepted: 01 Dec 2020
Published online: 31 Jul 2022 *

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