SEPs, FRAND and its impact: a comparative study of recent case laws in the USA, EU, and India Online publication date: Sun, 31-Jul-2022
by Soumya Prakash Patra; K.D. Raju
International Journal of Intellectual Property Management (IJIPM), Vol. 12, No. 3, 2022
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.
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