A comparative study of the evolving jurisprudence on standard essential patent licensing

Courtrooms in several jurisdictions have proven to be legal battleground for developing jurisprudence for disputes on standard essential patent (SEP) licensing. In India, a settlement and a decision defined and reshaped the SEP licensing landscape. These decisions by the Indian adjudicators come in...

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Bibliographic Details
Published inThe Journal of world intellectual property Vol. 23; no. 3-4; pp. 310 - 327
Main Authors Bharadwaj, Ashish, Jain, Srajan
Format Journal Article
LanguageEnglish
Published Oxford Wiley Subscription Services, Inc 01.07.2020
Subjects
Comparative studies
Decisions
Disputes
Federal agencies
Jurisprudence
Licenses
Licensing
United States > US
Japan
India
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Summary:Courtrooms in several jurisdictions have proven to be legal battleground for developing jurisprudence for disputes on standard essential patent (SEP) licensing. In India, a settlement and a decision defined and reshaped the SEP licensing landscape. These decisions by the Indian adjudicators come in light of the solutions proposed by the Japan Patent Office, decisions taken by the U.K. Courts and official position of the U.S. Department of Justice more recently. In this paper, we seek to analyze the outcomes of SEP disputes in India and make comparison with the ongoing efforts in developing fair, reasonable and non‐discriminatory jurisprudence in Japan, EU, and United States.
ISSN:1422-2213
1747-1796
DOI:10.1111/jwip.12154