FRAND in India: Emerging developments

There is an ongoing debate about the intellectual property rights (IPRs) policies of major standard setting organisations (SSOs) and how the licensing disputes related to Standard Essential Patents (SEPs), subject to fair reasonable and non-discriminatory (FRAND) licensing commitments should be resolved. At this time of intense global debate, India is in the process of forming the jurisprudence on FRAND disputes. This article connects the legal and economic issues underlying the global dialogue on SSO IPR policies and SEPs with the ongoing FRAND-related disputes in India. What policies India implement and how the jurisprudence evolves are of key importance towards the long-term prospects of the Indian mobile industry.