• Prachi Tyagi

One of the paramount principles of Standard Essential Patents (SEPs) is that its licensing has to be done on Fair, Reasonable, and Non-Discriminatory (FRAND) terms, to maintain competition in the market. However, there is no uniform method of determining the appropriate FRAND royalty rates, but the authorities of various countries are working towards resolving this inconsistency, atleast within their national boundaries. European Union has been an ardent player in dealing with SEP and FRAND disputes, however, India is still on the embryonic stage of coping up with such cases. Since calculation of sound royalty rates is an essential factor for adjudicating SEP disputes, hence this paper aims to analyse and compare the approach adopted by judiciary and competition authorities of EU and India, to determine or calculate reasonable FRAND royalty rates in SEP disputes.

Standard Essential Patents; FRAND royalty rates; Delhi High Court; European Commission; Royalty Base; abuse of dominant position

"Determination of FRAND Royalties: An Overview of the approach adopted by EU and India", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.9, Issue 2, page no.c234-c242, February-2022, Available :http://www.jetir.org/papers/JETIR2202249.pdf

"Determination of FRAND Royalties: An Overview of the approach adopted by EU and India", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.9, Issue 2, page no. ppc234-c242, February-2022, Available at : http://www.jetir.org/papers/JETIR2202249.pdf