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ARTICLE · 11 JANUARY 2021

FRAND Concerns In The United States

Khurana & Khurana, Advocates and IP Attorneys
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FRAND commitments are generally a matter of dispute in various jurisdictions. It is interesting to see how US courts have delved into the issue.

IndiaIntellectual Property

The United States (US) has a very strong regime of IP Law linked with that of Competition Law or Antitrust Law. The US law grants the IP holder to use, offer, and sell the invention within the US and also import the same. Since the economy of the US is primarily based upon the industries which deal with IP, hence, the US generally is more tilted towards providing more room to those who work for innovation and promotion. The first Antitrust Law was passed in 1890 and two more followed in the year 1914. The primary aim was to prevent companies from getting too big and more importantly, allowing smaller firms to enter the market. Two agencies work for antitrust enforcement and focus on concerted action, exclusionary unilateral action, and merger review. These are the Department of Justice (hereinafter, DOJ) and Federal Trade Commission (hereinafter, FTC) and the three core antitrust law being the Sherman Act, the Clayton Act, and the FTC Act, which is solely enforced by

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