Conference on Standards Setting Organisations (SSOs) and FRAND
Concept Note
There is a relentless effort among public and private companies to build products that conform to national and international Standards. Among several advantages of standardization, seamless interoperability between devices from several manufacturers play an important role. Standards play an important role in spurring the Innovation culture of a country and contribute to consumer benefits. Members of the Standards Setting Organizations (SSOs) may contribute their inventions/technology while forming a Standard. Needless to say, the members of the SSOs may have chosen to procure patents for their inventions/technology, which are contributed to formation of Standards. Further, one among (i.e., winning technology) the several available technologies may be chosen as a Standard and the patents covering such winning technology is generally termed as “Standard Essential Patents” (SEPs).
Generally, SSOs have their IPR policies to (a) enable disclosure of such SEPs to the SSOs; and (b) ensure that licenses are available to standards implementers to practice such SEPs. A commonly used model or principle to ensure that licenses are available to standards implementers is generally referred to as FRAND (Fair, Reasonable and Non-discriminatory). Even though FRAND is a widely accepted model there have been at least some genuine legal issues related to practice of FRAND in the SSOs. Legal systems, legal fraternity, and the businesses around the world are attempting to resolve these legal issues related to practice of FRAND.
Issues related to practice of FRAND are equally important to India as we are moving up the innovation value chain and embarking on a “Make in India” journey. This Conference is designed to enhance awareness on issues related to practice of FRAND and probable solutions thereof. This Conference is aimed to bring together honourable members of the judiciary, members of the law firms, legal fraternity, law students, and premier educational institutions to increase the awareness on FRAND related issues in SSOs.
