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Friday, June 19, 2015

FRAND in India: India Judiciary and Competitive Commission of India differ

Debate on FRAND terms for SEP (Standard Essential Patents) is hotting up. Two important articles published today:
First from India by Vinod Dhall in Financial express ` Standard-setting, a reason for foreclosing competition?
Second "FRAND in India: The Delhi High Court's emerging jurisprudence on royalties for standard-essential patents" by J. Gregory Sidak (Criterion Economics), has been published online by the Journal of Intellectual Property Law & Practice (2015).

From interim orders it appears Delhi High court considered Royalty on final products as a better norm whereas CCI consider it as a bitter norm and favour royalty on chip sets.

Watch out as this decision will be critical to Innovate-In-India and/or Make-In-india.

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