Title: SEPs, FRAND and its impact: a comparative study of recent case laws in the USA, EU, and India

Authors: Soumya Prakash Patra; K.D. Raju

Addresses: Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, West Bengal 721302, India ' Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, West Bengal 721302, India

Abstract: Popular innovations often combine multiple inventions. For instance, a simple musical headphone device might incorporate inventions and related patents on telecommunications, the radio, memory devices, etc., that are related via standards. These complex commercial and technology standards are based on an established legal jurisprudence in SEPs. Legal jurisprudence in all three jurisdictions viz, India, EU, and the USA revolve around the common factor of good faith in addition to the local patent and competition laws. The judicial system in these jurisdictions aims to create a balance between the growth of technology as well as the rights of technology implementers. However, there is a fundamental difference between the US and EU laws on the anti-competitive nature of various agreements related to license fees based on FRAND principles. The difference lies in the use of the dominant position in the market for deciding the license fees for the relevant technologies.

Keywords: Standard Essential Patent; SEP; FRAND; patent; license; technology dominance; USA; EU; India.

DOI: 10.1504/IJIPM.2022.124635

International Journal of Intellectual Property Management, 2022 Vol.12 No.3, pp.403 - 428

Received: 31 Aug 2020
Accepted: 02 Feb 2021
Published online: 31 Jul 2022 *

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