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Standard Essential Patents: Role of Judiciary and Obstacles in Implementation of Essential Patents

Author: Shruti Jaju, Student, Rajiv Gandhi National University of Law, Punjab, India

Abstract With the advent of time, economic growth has witnessed the growth of Intellectual property rights. Intellectual property is the creative work of the human intellect. It is often described as “knowledge goods”. The economy is witnessing high growth in technological development, big firms started culling out money for investment in Research & Development technology. The huge investment made in R&D is not only reducing the cost of production but promoting huge profits to these firms. A patent is a bundle of rights conferred upon the inventor which monopolises the use of such invention and provide him exclusive right to use such innovation without intervention. The paper extensively discusses the evolution of the concept of Standard essential patents in India, how the concept has developed in recent times, the approach of the judiciary in such cases i.e. interpretation of the aspects of SEPs. The chapter gives an overview as to how competition law provisions get triggered in such cases. It further discusses all the case laws where court deliberated on the adoption of a uniform system of SEPs. The author through this paper gives an overview of the economic rationale and mechanism to deal with cases relating to SEPs. Different countries follow different approaches in relation to SEPs. Countries like the United Kingdom follow that all the contracts are subject to common-law obligations of good faith and fair dealing i.e. recognising the concept of FRAND licensing. The author through this paper tried to cover every aspect related to SEPs.

Keywords: SEPs, FRAND Licensing, R&D, Patents Act, SSOs.

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