SEP AND FRAND OBLIGATIONS IN INDIA: AN ANALYSIS OF ABUSE OF DOMINANCE AND CCI’S JURISDICTION UNDER COMPETITION LAW

Abstract

The greater involvement of technology in the current economies has necessitated standardisation in various industries, including telecommunications, electronics, and digital networks. The fundamental element in this system is the existence of Standard Essential Patents (SEPs). SEPs cover patents whose technologies must be implemented in order to comply with standards. In order to align the rights associated with the protection offered by patents with the need to make technology available, SEP holders are obliged to license the technologies under fair, reasonable, and non-discriminatory terms (FRAND). Nevertheless, the enforcement of FRAND undertakings has posed several legal and economic issues. The present dissertation seeks to explore the emerging case laws regarding the jurisprudence relating to SEPs and FRAND obligations in India, with special reference to the intersection between patent law and competition law.