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Analysing whether government intervention would help or hinder SEP/FRAND disputes in India
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A particular jurisdiction that has become the centre for SEP/FRAND disputes, perhaps due to its market size and strategic positioning, is India.
Coupled with government initiatives such as Make-in-India and Start-up India, the stage is set for reevaluating the SEP/FRAND regime to ensure a level playing field for patent holders and implementers.
Therefore, such a patent would not nullify the threats posed by foreign SEP holders.
On the other hand, foreign SEP holders would also be more reasonable and confident if negotiations were conducted by a government nodal agency.
Way forward: SEP/FRAND policyA policy in the SEP/FRAND space is imperative in India, which would define the roles, responsibilities and guidelines of SEP holders, implementers, SPFs.