Intex v. Ericsson - The Intersection of Patent and Competition Law in India in Jorge Contreras (ed.), Cases in Context - Leading FRAND Cases around the World (Elgar 2025)

Abstract

This is an analysis of the 2023 judgment by the High Court of Delhi in Intex v Ericsson. The ruling is important as it has provided guidance for determining the appropriate forum in India to adjudicate on FRAND issues in the face of long-running competition law complaints. The case has also set a precedent for future licensing negotiations in India, seeking to bring Indian case law on these issues in line with other countries’ case law. The paper briefly discusses the most important issues dealt with by the Delhi High Court, i.e. (a) the injunctive relief; (b) the royalty quantification criteria; (c) the global license approach; and (d) confidentiality aspects.