Trends in prelicensing negotiations of standard‐essential patents

Gupta, Indranath, Devaiah, Vishwas H., Jain, Dipesh A. and Shrivastava, Vishal (2019) Trends in prelicensing negotiations of standard‐essential patents. Journal of World Intellectual Property, 22 (3-4). pp. 120-128. ISSN 1422-2213

[thumbnail of JWIP2019-22.pdf] Text
JWIP2019-22.pdf - Published Version
Restricted to Registered users only

Download (478kB) | Request a copy


Prelicensing negotiations play a crucial role in determining the fate of the terms that govern licensing of standard‐essential patents (SEPs). There have been a number of judgments from all around the globe that suggest the best practices that parties, that is, the SEP holder and the technology implementer should follow to safeguard their respective positions. To begin with, the Huawei framework and later on a number of decisions in Germany did reflect on the framework under which an SEP holder may ask for an injunction in matters relating to infringement of essential patents. Similarly, these cases also suggest the expectations bestowed upon an implementer to ensure early completion of a negotiation process. Under similar circumstances, the Indian courts do offer overall guidance to the stakeholders. In the context of prelicensing negotiations and existing best practices, this article delves into the transition from the Huawei to the post‐Huawei framework, investigates the unresolved issues, and further reflects upon the existing situation in India.

Item Type: Article
Keywords: Anticompetitive | Injunctions | Prelicensing negotiations | Standard‐essential patents (SEPs)
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Shilpi Rana
Date Deposited: 30 Dec 2021 06:03
Last Modified: 19 Apr 2022 07:14
Official URL:
Additional Information: The authors would like to acknowledge the contributions made by Ms. Arunima Saraf and Ms. Shruti Bhushan.


Downloads per month over past year

Actions (login required)

View Item
View Item