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Abstract

International Journal of Trends in Emerging Research and Development, 2024;2(1):331-335

The competition law-intellectual property interface: Evaluating anti-competitive practices in SEP licensing under the Indian competition act

Author : Jaishree N and Dr. Manoj Sharma

Abstract

The growing prominence of Standard Essential Patents (SEPs) in technology-driven industries has introduced complexities at the intersection of intellectual property rights (IPRs) and competition law. While SEPs are critical for ensuring interoperability and standardization in sectors such as telecommunications and electronics, their licensing practices often raise competition concerns. In India, the Competition Act, 2002 plays a pivotal role in curbing anti-competitive conduct, including potential abuses of dominance in SEP licensing. This paper explores the interface between competition law and intellectual property in the Indian context, focusing on the implications of SEP licensing.

Keywords

Standard essential patents, competition law, Indian competition act, intellectual property rights, FRAND, abuse of dominance, SEP licensing, anti-competitive practices