• RFMLR

5G AND STANDARD ESSENTIAL PATENTS IN INDIA: CAN IT BE FRANDLY?

Updated: Nov 8, 2019


Image by FunkyFocus from Pixabay

This piece has been authored by Mohit Kar, a third-year student of B.A.LL.B (Hons.) at the Maharashtra National Law University, Aurangabad.


Background


Addressing the largest digital technology event of South Asia, Indian Mobile Congress, Union Communications Minister set lofty goals for the rollout of 5G in India. The Union Minister expressed the committed resolve of the government for the creation of Indian Intellectual Property and patents in 5G.[i] As India nurtures the hope for breakthrough innovations in this sector, the realities are that other countries are far ahead. China is striding ahead to cite a shining example. It has already acquired a large number of patents in this sector, with Chinese companies accounting for 34% of worldwide applications for patents relating to 5G.[ii] This has enabled the already thriving Chinese Tech companies to improve their Research & Development (“R&D”) and rollout a host of new products and services related to this revolutionary technology in the near future. Other countries that are marching ahead include the likes of South Korea, Finland, United States and Japan.[iii] In the meanwhile, Indian companies have yet to start trials of this spectrum (5G), with the permission for the same having just been granted.[iv]