Perspectives Standard Essential Patents and Anti-Competitive Agreements In Light Of the Ericsson Case and Dolby Case

Abstract

This paper analyses the relationship and the difference between Standards Setting Organizations (SSO) and Standard Essential Patents (SEP). In order to accentuate the same, the authors have referred to two landmark cases in this area, namely: Telefonaktiebolaget Lm Ericsson v. Mercury Electronics & Anr and Telefonaktiebolaget Lm Ericsson v. Competition Commission of India & Anr and Ors., and Dolby International AB and Anr. v. GDN Enterprise Private Limited & Ors. On that note, this paper deals with the aspect of essentiality in Standard Essential Patents, SEP licensing and its attributions, which include - FRAND terms, royalty rates, and licensing agreements. The pro-competitiveness of SEPs concerning SEP holders and anti-competitiveness concerning licensees have also been brought to light. Besides, the concept of abuse of dominance has also been brought to light in this context.