Injunctive Relief and Standard Essential Patents. An Indian Perspective

Master's Thesis , 2020 , 26 Pages , Grade: 10/10

Law - Media, Multimedia Law, Copyright

This dissertation explores the intricate world of Standard Essential Patents (SEPs) and their effects on the technology sector, with a particular emphasis on the Indian legal system. Recent conflicts have made SEPs, which include patents essential to industry-adopted technical standards, a significant component of the technology sector.

Standardization has several advantages, including interoperability and cost savings, but it also carries the possibility of the "hold-up" issue. In this situation, SEP holders might demand outrageous royalties from implementers by abusing their influence in standard development. Standard Setting Organizations (SSOs) mandate that SEP owners license their patents under FRAND conditions in order to remedy this problem. However, the lack of defined legislation governing SEPs creates a specialized area where de-facto judicial orders and de-jure SSO norms have a substantial impact on establishing ordinary practice.

The dissertation is divided into four sections to fully examine the subject. The obligations of SEP holders and the viability of FRAND conditions are examined in Part I. Part II explores the mechanisms of patent hold-up and hold-out while attempting to be fair. In order to unify methods worldwide, Part III performs a comparative review of injunctive relief rights and liabilities in the USA, the EU, and India. Last but not least, Part IV suggests the best course of action for India's injunctive relief on SEPs, taking into account the country's expanding economy and reliance on technology imports. The ultimate objective is to strike a balance that encourages fair access to standard technology, benefits Indian consumers and producers, and reduces the possibility of monopolistic tendencies. This study intends to provide the Indian regime with useful modifications based on the lessons learned from the experiences of other jurisdictions in order to promote a just and vibrant innovation sector there.

Inhaltsverzeichnis (Table of Contents)

• ACKNOWLEDGEMENT
• INTRODUCTION
• CHAPTER 1 - STANDARDISATION, SEPS AND FRAND: A BACKDROP
• CHAPTER 2 - PATENT HOLD UP AND HOLD OUT: A BALANCE
• CHAPTER 3 - INTERNATIONAL PERSPECTIVE: A COMPARISON
• CHAPTER 4 - RECOMMENDATIONS
• CONCLUSION
• BIBLIOGRAPHY

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This dissertation examines the legal framework surrounding standard essential patents (SEPs) and the related issues of injunction relief in the Indian context. The dissertation focuses on the unique challenges posed by SEPs in the Indian legal system, specifically considering the country's reliance on imported technology and its ambitions in manufacturing.

• The nature of standard essential patents and the concept of fair, reasonable, and non-discriminatory (FRAND) licensing.
• The issue of patent hold-up and hold-out, where SEP holders may demand excessive royalties or refuse to license their patents on fair terms.
• The role of injunction relief in SEP disputes and the need for a balanced approach that protects the interests of both SEP holders and implementers.
• An international comparative analysis of injunction relief practices in relation to SEPs in jurisdictions such as the United States and European Union.
• Recommendations for improving the Indian legal framework regarding SEP disputes, taking into account the specific challenges and opportunities presented by India's economic development.

Zusammenfassung der Kapitel (Chapter Summaries)

• Introduction: This chapter sets the stage for the dissertation, introducing the concept of SEPs, FRAND licensing, and the challenges posed by SEP holders' potential for abuse of dominance. It also outlines the structure of the dissertation.
• Chapter 1 - Standardisation, SEPs and FRAND: A Backdrop: This chapter explores the background of standard essential patents, including their role in facilitating interoperability and reducing manufacturing costs. It examines the FRAND principle and the importance of balancing the interests of SEP holders and implementers.
• Chapter 2 - Patent Hold Up and Hold Out: A Balance: This chapter delves into the issue of patent hold-up and hold-out, where SEP holders may leverage their position to demand unfair royalties or delay licensing negotiations. It discusses strategies for achieving a balanced approach in these situations.
• Chapter 3 - International Perspective: A Comparison: This chapter compares the approaches to injunctive relief in SEP disputes in the United States, the European Union, and India. It analyzes relevant case law and explores the strengths and weaknesses of each jurisdiction's legal framework.
• Chapter 4 - Recommendations: This chapter presents recommendations for improving the Indian legal framework surrounding SEP disputes, taking into account the country's unique circumstances and the need for a balanced approach that promotes innovation and economic growth.

Schlüsselwörter (Keywords)

This dissertation focuses on the legal aspects of standard essential patents (SEPs), particularly within the Indian legal system. It explores the concepts of fair, reasonable, and non-discriminatory (FRAND) licensing, patent hold-up and hold-out, injunctive relief, and the balance between protecting intellectual property rights and promoting technological innovation. It also examines relevant case law and legal developments in the United States, the European Union, and India.

• Course: LL.M. in Intellectual Property and Technology Laws
• Grade: 10/10
• Author: Devank Kumar Singh (Author)
• Publication Year: 2020
• Pages: 26
• Catalog Number: V1375916
• ISBN (PDF): 9783346912381
• ISBN (Book): 9783346912398
• Language: English
• Tags: injunctive, relief, standard, essential, patents, indian, perspective