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The abstract of this article reads as follows:
Indian jurisprudence on fair, reasonable, and non-discriminatory (FRAND) licensing practices for standard-essential patents (SEPs) is at a relatively nascent stage. Unlike US and EU courts, which have dealt with cases concerning calculating a FRAND royalty for a considerable time, Indian courts and the Indian antitrust authority—the Competition Commission of India (CCI)—have only just begun to decide such cases.This is an important step in JIPLP's publishing activities. In the past, authors have sometimes been reluctant to submit articles for publication because they did not appreciate that JIPLP -- a subscription-based title -- also accepted content on an open access basis. Such articles are not only acceptable but are actually welcomed, and will be published if they additionally satisfy JIPLP's peer reviewers of their merit.
Because the CCI is still investigating the antitrust complaints with respect to the same SEPs, the CCI could benefit from considering the legal and economic arguments in the Delhi High Court's decisions. It would be counterproductive for the emerging FRAND jurisprudence in India if the judiciary and the competition authority take opposing views toward the rights of SEP holders and SEP implementers.
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