Anmerkungen:
In: XI-XV, Ambedkar Law University Journal, 2016-2020, pp. 67-89
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments 2020 erstellt
Beschreibung:
Standards are essential for consistency, interoperability and conformity of products/parts from various producers.The standard compliant devices may play an important role in the domain of telecommunication, entertainment, education, medical, business and other sectors. From consumers‘ perspectives, standards play an important role by ensuring to them ―the quality and safety of products and services‖. Interoperability results into more utility and brings down the prices of the products. The standards are set by Standard Setting Organisations (SSOs). In cases, where the invention made as a part of an ―essential standard‖ is patented, that patent becomes Standard Essential Patent (SEP).The holders of SEPs are required to give an undertaking to the SSOs that they will grant license to the users of their SEPs on ―fair, reasonable and non-discriminatory terms‖ popularly known as FRAND terms. The SEP holders enjoy dominant position and sometimes misuse that position. They are expected to ensure fair access to SEPs by the users so that the benefit goes to the consumers in terms of standard compliant devices at competitive prices. The courts in various jurisdictions have given pronouncements on FRAND terms as well as on anticompetitive practices adopted by the SEP holders