Recently, for the first time, Delhi High Court, through
HON'BLE MR. JUSTICE MANMOHAN passed an interim injunction to to grant royalty rates on FRAND (fair, reasonable and non discriminatory) basis by Micro-max to Ericson for using its standard essential patents. Final judgement available here. The issue was about was use of Ericsson's 8 patents on the technologies AMR Patents, 3G Patents and EDGE Patent. Standardisation is a new phenomena in India. So these terms FRAND, RAND, Standardization are unknown to many.
In various sectors such telecom, integrated circuits, internet etc. standardization of the new technology is the key of product development. Standardization is technical configuration of new products. There are some patents essential to these standards. Those patent are called as essential patents.
Due to lack of private standard setting bodies in India, Indian essential technology could not be included in global standards. So to fill this gap two private standard setting organisations have emerged. These are GISFI and DOSTI.
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