Navigating Standard Essential Patents (SEPs) & FRAND Jurisprudence in India
A strategic examination of high-stakes patent litigation, FRAND determination benchmarks, and interim relief trends before the Delhi High Court.
The landscape of Standard Essential Patent (SEP) litigation in India has matured into one of the world's most dynamic jurisdictions. With the establishment of the Intellectual Property Division (IPD) at the Delhi High Court, disputes involving telecommunications, wireless technologies, and IoT devices are adjudicated with remarkable commercial efficiency.
1. The Four-Step Test and Interim Deposits
Indian courts have consistently held that an implementer cannot continue to exploit standard-compliant technologies indefinitely without securing royalty payments or demonstrating genuine intent to negotiate under Fair, Reasonable, and Non-Discriminatory (FRAND) terms.
2. Key Implications for Global IP Counsel
For multinational patent holders and global device manufacturers entering the Indian market, strategic considerations must guide litigation readiness from the pre-suit notice phase through trial.
- Confidentiality Clubs: Tiered access clubs ensure third-party comparable license agreements remain shielded from competitors.
- Pro tem Security: Early applications for interim deposits frequently facilitate negotiated settlements prior to lengthy trials.
- Global Portfolio Scope: Indian courts affirm jurisdiction to evaluate worldwide licensing terms if both parties have historically transacted globally.