FRAND in India

Indian jurisprudence on fair, reasonable, and nondiscriminatory (FRAND) licensing practices for standard-essential patents (SEPs) is at a relatively nascent stage. In this chapter, I examine the SEP holder’s ability to obtain an injunction against an infringer. I also analyze the principles that Indian courts have adopted when setting a royalty for the use of SEPs, and the approach that the Competition Commission of India (CCI) has developed in scrutinizing an SEP holder’s licensing practice under the provisions of Indian competition law.

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