Demystifying the Indian FRAND Regime: The Interplay of Competition and Intellectual Property

Abstract

<span style="font-size:11.0pt;font-family: " times="" new="" roman","serif";mso-fareast-font-family:"times="" roman";mso-bidi-font-family:="" mangal;mso-ansi-language:en-gb;mso-fareast-language:en-us;mso-bidi-language:="" hi"="" lang="EN-GB">FRAND-encumbered SEP-holders have increasingly been involved in legal battles, arising out of the existing ambiguities in the FRAND regime. This essay attempts to deconstruct the complexities of the FRAND system and evaluate its economic soundness. In the Indian context, the development of intellectual property rights law has been intricately linked to the political ideologies that inspire the incumbent governments. The essay seeks to relate the political motivations and the economic impact to achieve at a harmonious understanding of the current framework of FRAND licensing in India. In light of recent judicial developments, the growing convergence of competition law and patent law has been discussed, with particular emphasis on the competing jurisdictional claims. Undertaking a critical appraisal of the Indian model as it currently is, the essay suggests modifications to increase the suitability of the Indian economy while maintaining the balance between public policy and competitive markets.</span>