India: SEPs and FRAND – litigation, policy and latest developments - Global Competition Review

Summary

The article discusses Standard Essential Patents (SEPs) within the telecommunication sector, focusing on legal disputes in India involving patent infringement and royalty payments. It highlights cases like Micromax's against Ericsson under FRAND (Fair, Reasonable, and Non-Discriminatory) licensing and patent law, addressing issues of antitrust, patent hold-up, and royalty base determination. The Delhi High Court's role and its views on the intersection of SEP and patent law in India are emphasized, relating to telecommunication, patent law, and reasonable licensing standards.