International Journal For Multidisciplinary Research

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Standard Essential Patents and Abuse of Dominance: Implications for India's Telecom Sector

Author(s) Dayitha.T.K.
Country India
Abstract The rapid advancement of technology has positioned Standard Essential Patents (SEPs) as a critical component of innovation in the telecommunications sector, particularly in India. SEPs are patents that cover inventions essential to industry standards, facilitating interoperability and ensuring effective communication between devices. However, the significant market power held by SEP holders raises important concerns regarding the potential abuse of dominance, especially when these entities impose excessive licensing fees or engage in discriminatory practices. This paper examines the intersection of SEPs and competition law in India, focusing on the legal challenges faced by the Competition Commission of India (CCI) in regulating SEP holders under the Competition Act, 2002. By analyzing the regulatory framework and its implications for market dynamics, this study highlights the necessity for a balanced approach that protects both intellectual property rights and competitive practices. The findings suggest that while existing legal mechanisms aim to address abuses of dominance, there is a pressing need for clearer guidelines and stronger enforcement to ensure that SEPs foster innovation without stifling competition in India's rapidly evolving telecom landscape.
Keywords Standard Essential Patents (SEPs), Competition Law, Abuse of Dominance, Telecommunications, Intellectual Property Rights (IPR)
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 6, November-December 2024
Published On 2024-11-27
Cite This Standard Essential Patents and Abuse of Dominance: Implications for India's Telecom Sector - Dayitha.T.K. - IJFMR Volume 6, Issue 6, November-December 2024. DOI 10.36948/ijfmr.2024.v06i06.31800
DOI https://doi.org/10.36948/ijfmr.2024.v06i06.31800
Short DOI https://doi.org/g8r8d8
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