Analysis of Standard Essential Patents under the Lenses of Indian Commercial Laws

Abstract

The patent world’s attention shifted to Standard Essential Patents (SEP) when the iPhone 7 was unveiled with confirmation that the headphone jack would not be a part of it. There was a global reaction to this loss of feature, and many people started talking about the importance of standardised technologies that allow the inter-usage of several devices simultaneously. A Standard Essential Patent (SEP) is a patent that safeguards technology essential to follow a technical standard, that is defined by standards development organisations (SDOs) such as ETSI. This paper analyses the existence and application of SEPs in India, with a focus on competition law and judicial reactions to SEP-related disputes. The existence of SEPs in India has been brief but notable. The paper analyses the existence and application of SEPs under Indian commercial laws with a specific focus on Indian competition law. It also covers the Indian reaction to smartphone wars and the myths and problems related to SEP infringement litigation with the help of global precedent and cases dealt with by the Competition Commission of India (CCI) and Indian High Courts. The author noticed a gap in the literature regarding the feasibility of SEPs in the Indian climate and tried to assess it using secondary data and convey solutions.