Applying the Orange Book standard in India: challenges and opportunities in standard essential patents regulation

Applying the Orange Book standard in India: challenges and opportunities in standard essential patents regulation

Journal article

1 online resource

The German Federal Court of Justice introduced the Orange Book standard in 2009, setting forth a uniform mechanism for resolving disputes related to SEP and FRAND. Under the Orange Book ruling, SEP holders and implementers have certain obligations to each other to facilitate good faith bargaining and prevent SEP-mediated market abuse. As the present-day Indian SEP law is still in the nascent stage and is developing rapidly, given India’s fast technological growth, the Orange Book standard may be regarded as the foundation for future telecommunications and FRAND licensing laws in India. The following paper reviews the current status of Indian SEP regulation, its challenges, and the extent to which these challenges can be addressed via the institution of the Orange Book.

Crossref

European Intellectual Property Review, 0142-0461 ; E.I.P.R. 2025, 47(2), 97-101

[New York, NY] : Thomson Reuters, 2025.

eng

https://1.next.westlaw.com/Copyright

External Online Journals > European Intellectual Property Review