Comments on the DIPP Discussion Paper on Standard-Essential Patents and Their Availability on FRAND Terms

Abstract

This note is submitted to the DIPP as comments on the DIPP Discussion Paper on Standard-Essential Patents and their Availability on FRAND terms. It discusses the legal position and policy dynamics involving Standard Essential Patents. The comments highlight that caution must be exercised and more empirical based studies must be relied on before assuming that there are immediate policy changes that need to be made. It is submitted that the DIPP must exercise caution in making strong policy interventions in the very dynamic context of innovation and technical change. It is submitted that policy makers ought to defer to the prevailing statutory framework, regulatory and judicial scrutiny before making irreversible policy changes. It is the opinion of the author that such a deference thesis will help the Government of India to make the right policy changes, wherever needed, and yet save it from making incorrect policy decisions.