Legal Challenges in Navigating FRAND (Fair, Reasonable, and Non-Discriminatory) Commitments
Standard Essential Patents (SEPs) were once a niche topic for telecom specialists. With 5G, IoT devices, connected cars, smart meters and even “smart” fans in Indian homes, SEP and FRAND disputes are now everyone’s business – device makers, start-ups, operators and, of course, IP lawyers.
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SEPs and FRAND: The Basic Idea In Simple Words
A SEP is a patent that you must use if you want to implement a particular technical standard – for example, certain 4G/5G communication protocols in a smartphone or a smart watch. Because implementers cannot “design around” such patents, SEP owners commit at the standard-setting stage to license them on FRAND terms – Fair, Reasonable and Non-Discriminatory.