Standard Essential Patents vis-à-vis Competition Law

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Shweta Sharma, Shreya Pandey, Ms. Sherry Pant


The focus of this article is to examine the functional aspect of SEP in relation to Competition Law. At the heart of SEPs is a delicate matter of fair reward for process contributors and, on the other side, fair and reasonable licencing terms for standard implementers, allowing them to expend profitably in the manufacture of standard-compliant goods. In the current climate, while patent and contract law may dispense invaluable solutions opposed to anticompetitive exploitation in the implementation of SEPs, antitrust authorities are in a key authority to indisputably put a halt to this kind of behaviour because they can impose constructive monetary impediment in the manner of punitive action on wrongdoers. Nonetheless, the vigorous pursuit of injunctions and sales bans by a number of parties has presented competition authorities with a number of knotty challenges. Using relevant case laws, the article essentially gives a dialogue on this complex interplay of interests of standard implementers and incentives to standard contributors.

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