The Department of Industrial Policy and Promotion under the Ministry of Commerce & Industry on 1st March, 2016 released a "DISCUSSION PAPER ON STANDARD ESSENTIAL PATENTS AND THEIR AVAILABILITY ON FRAND TERMS".
The major issue of the discussion paper was the information showcased regarding the happenings in the Indian Legal Arena regarding Standard Essential Patents. The aims of the paper is to sensitize the stakeholders, concerned organization and citizens towards need and importance of regulating SEPs as well as facilitating their availability at Fair, Reasonable and Non-Discriminatory (FRAND) terms.
The paper clearly highlighted the contrast between SEP armed with FRAND terms and Competition laws. After being highlighted in the India, with the cases filed by Telefonaktiebolaget LM Ericsson against Micromax and other companies alleging infringement of its patents that were essential to the 2G and 3G standards, the dire need for developing policy guidelines capable enough to match the functioning standards of international requirements shall have to be developed.
A total of 13 questions have been set open for discussion in the paper and the Department of Industrial Policy and Promotion has invited views from the concerned stakeholders regarding the issues for resolution.
The final date for submission of opinions has been set as 22nd April, 2016 after which the received suggestions shall further be discussed and assimilated to formulate and publish further informative results.
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