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Abstract
The whole issue of competition and standard essential patent starts with violation or infringement of rights and licensees try to reduce the competition by such infringement. Indian patent laws have gone through lot of amendments to fulfil all the characteristics of TRIPS. It is a primary requirement to respect the person for technological innovations and respect the Intellectual Property for which patent is provided by the authorities to the person. The problems come into picture when the creator or patent holder tries to monopolise the patent and influence through it or other people without the permission of creator use such patent for their own benefits. In both the situation there is harm of public interests and public policies. In such an intersection of two laws Antitrust Laws and Intellectual Property Laws at one point makes it necessary to have standard patented technology to bring it in public.[i] So the concept of standard essential patent comes in existence which would provide the reasonable access to the technology for other licensees on FRAND terms and patent holder can also contribute in public interest rather than to monopolise the patent and get in dispute with other players of market.
[i] Dicussion paper on Standard Essential Patents and Their Availability on FRAND Terms, Department of Industrial Policy and Promotion, Ministry of Commerce & Industry, Government of India, 5, March 1, 2016