Submission On SEPs And Their Availability Under FRAND Terms

1. INTRODUCTION

This submission is with respect to the discussion paper published by DIPP on Standard Essential Patents (SEPs) and their availability under FRAND terms. As one of the prime objects of IP laws is to promote/establish a fair balance between IP protection and Public interest, it is becoming essential for the governing bodies to have a closure look on the way SEPs are being commercialized. In absence of any clear frameworks or guidelines by the government and standards making organizations, a lot of concerns have been raised recently with regards to working of standard essential patents. It has been observed across the globe that there is no standard for terming any patent as Standard Essential Patent and there certainly are no standard /clear enforceable guideline under which the SEPs should be licensed to interested parties.