1,720,984 research outputs found
CCI’s Investigation of Abuse of Dominance: Adjudicatory Traits in Prima Facie Opinion
Full text linkThis chapter is premised on the recent judgement delivered by the Delhi High Court (henceforth “DHC”) in Ericsson v CCI.1 This judgement looked at the jurisdiction of the Competition Commission of India (henceforth “CCI”) to investigate alleged abuse of dominance of a holder of standard essential patent (henceforth “SEP”). The jurisdiction of CCI, as suggested by the DHC is independent of any matter pending in a court of law and therefore, the CCI can continue to investigate abuse of dominance complaints
Complications and Quandaries in the ICT Sector ::Standard Essential Patents and Competition Issues /
Full text linkThis book is open access under a CC BY 4.0 license. With technology standards becoming increasingly common, particularly in the information and communications technology (ICT) sector, the complexities and contradictions at the interface of intellectual property law and competition law have emerged strongly. This book talks about how the regulatory agencies and courts in the United States, European Union and India are dealing with the rising allegations of anti-competitive behaviour by standard essential patent (SEP) holders. It also discusses the role of standards setting organizations / standards developing organizations (SSO/SDO) and the various players involved in implementing the standards that influence practices and internal dynamics in the ICT sector. This book includes discussions on fair, reasonable and non-discriminatory (FRAND) licensing terms and the complexities that arise when both licensors and licensees of SEPs differ on what they mean by "fair", "reasonable" and "non-discriminatory" terms. It also addresses topics such as the appropriate royalty base, calculation of FRAND rates and concerns related to FRAND commitments and the role of Federal Trade Commission (FTC) in collaborative standard setting process. This book provides a wide range of valuable information and is a useful tool for graduate students, academics and researchers
Evolving Huawei Framework: SEPs and Grant of Injunctions
Full text linkThe European Commission in their recent communication paper (COM (2017) 712 final)(EC paper) titled ‘Setting out the EU approach to Standard Essential Patents’ considered the obligations that are cast upon parties during pre-licensing negotiations of SEPs on FRAND terms. The EC paper has derived such obligations from the behavioral criteria as determined by the CJEU in the Huawei judgement. While Huawei provided the general framework, it further evolved through various court decisions in Germany and in the Unwired Planet case. This chapter reflects on the framework developed in the Huawei judgment and shows how this framework has evolved in the post Huawei cases in Germany and UK. The post Huawei cases have tried to adhere to the overall framework provided under Huawei, although there are number of inconsistencies as to specific obligations. From the perceived inconsistences, this chapter concludes on a note that the overall conduct of the parties would play a major role before granting injunctive relief to SEP holders
The Indian Yearbook of Comparative Law 2020
No full textThis yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law "Rechtsstaat", the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the category of the 'stranger' in modern legal and political thought. The Yearbook touches upon various issues, e.g., forest protection and the idea of Justice, the application of defamation law on politicians, the intersection of customary law relating to child marriage in different countries, hybrid statehoodand Buddhist nationalism. Further, scholarly work on the themes of comparative law, customary law, environmental law, and constitutional law is also highlighted. The yearbook intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of the law, legal systems and legal cultures while aiding deliberations on the constituents of an ideal system of law
Multi-dimensional approaches towards new technology: Insights on innovation, patents and competition
Full text linkThis open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators
Complications and Quandaries in the ICT Sector: Standard Essential Patents and Competition Issues
Full text linkpatents; competition; antitrus
Complications and quandaries in the ICT sector: Standard essential patents and competition issues
Full text linkIncludes contributions by respected academics and experienced legal practitioners. Provides varied perspectives on standard essential patent (SEP) related issues in the information and communications technology (ICT) sector. Explores the interface between patent law and competition law
Towards a transaction cost approach to the essential facilities doctrine
Full text linkThis chapter makes an attempt to view the essential facilities doctrine (EFD) through transaction cost lens. Through narrating the evolution of the doctrine in the US (and subsequently in the EU), the authors have observed the divergent interests of the judiciary in the two regions. They have located the doctrine’s presence in Indian case laws, identified the problems therein (particularly in cases involving intellectual property) and have proposed that the doctrine’s construction in India should be guided by the EU model. To build this case, the authors have situated the doctrine in property-liability framework and invoked the concepts of transaction costs and bargaining power to guide their choices. The authors have concluded that societies characterised by a weak intellectual property regime (and hence high transaction costs) should adopt a more liberal approach towards EFD. They show that India is indeed, one such society
Complications and Quandaries in the ICT Sector: Standard Essential Patents and Competition Issues
No full textpatents; competition; antitrus
Multi-dimensional Approaches Towards New Technology
Full text linkThis open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators
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