With the advent of the 5G revolution and Internet of Things (IoT), the possible use cases for high-speed data as well as cellular standard essential patents (SEPs) have exponentially increased. Simultaneously, the number of litigations across the globe related to cellular SEPs are increasing, as the licensing of such patents is a complex issue with legal, technological and economic dimensions.
The objective of this study is to gather insights through a stakeholder survey on the licensing of cellular standard essential patents by Indian enterprises, particularly by SMEs and startups. The study endeavours to answer questions surrounding the licensing of such patents, keeping in mind the incentives it creates both for the licensor and the implementer. Apart from documenting the positions of the industry, judiciary, and regulatory authorities, the study aims to undertake a structured analysis of the issues involved at the interface of law and economics. This research is crucial for informing future intellectual rights policy in India in the context of standard essential patents.
