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Issues and Challenges in Standard Essential Patents: Indian Perspective

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Title Issues and Challenges in Standard Essential Patents: Indian Perspective
 
Creator Chopra, R K
 
Subject Standard Essential Patents
FRAND terms
Royalty
Patent Law
Standard Setting Organization
International Telegraph Union
Standardization of Telecom Sector
Telecommunications Standards Development Society
Cross-licensing
Small Scale Enterprises
IOT
SEP License
Anti-trust laws
Competition Commission of India
 
Description 136-145
This Paper shall examine the synchronization between the technology and law so that the fruits of technology which can
be used as a standardized technology and patents (SEP) can be granted to the patent holders so that it becomes a win- win
situation to the innovator of technology and society at large. It shall also examine the global issues in standard essential
patents and how India has handled such issues by complying with FRAND terms. Since the body granting the SEP is called
Standard Setting Organization , therefore the historical prospective of SEP along with the issues arising in SEP shall also be
analyzed with emphasis on FRAND terms and the specific case studies of United states, Germany, Japan and China
including India shall be analysed mainly on Patent hold up and royalty issues and suggest the remedial measures; taking
lessons from other countries and suggest the way forward in the form of recommendation in order to handle the SEP
challenges in India in a timely, cost effective manner; as this is also one of the key factor for ease of doing business in India
and providing sufficient protection to the Patent holder and avoid any misuse.
 
Date 2021-09-08T07:15:14Z
2021-09-08T07:15:14Z
2021-05
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscair.res.in/handle/123456789/58038
 
Language en
 
Publisher NIScPR-CSIR, India
 
Source JIPR Vol.26(3) [May 2021]