Monday, May 9, 2016

More on FRAND in India

1.  Kirti Gupta has posted a paper on ssrn titled FRAND in India: Emerging Developments, to be published in a forthcoming issue of Antitrust in Emerging and Developing Countries: Conference Papers, 2nd edition, ConcurrencesHere is a link to the paper, and here is the abstract:
There is an ongoing debate about the Intellectual Property Rights (“IPR”) policies of major Standard Setting Organizations (“SSOs”) and how the licensing disputes related to the valuation of IPR related to standards, or the Standard Essential Patents (“SEPs”) should be resolved. The licensing commitments, often based on Fair Reasonable and Non-Discriminatory (“FRAND”) terms, have been the focal point of various discussions and questions abound about their purpose, interpretation and whether or not they need further clarification. At this time of intense global debate, IPR policies related to the newly formed Indian telecommunications standards SSO are in formation, as is the jurisprudence on the FRAND licensing practices — both in the Indian courts and the Indian antitrust authority — the Competition Commission of India (CCI). This article connects the underlying issues of the global dialogue on SSO IPR policies and disputers related to licensing of SEPs to the Indian jurisprudence in formation. What policies India implements and how the jurisprudence evolves is of key importance towards the long term prospects of the wireless and telecommunications technologies that heavily rely on the creation and use of common technology standards.
The author provides a nice discussion of, among other things, the opinions that have issued in the six FRAND proceedings in India as of March 1, 2016 . . . .

2.  which means, however, that she doesn't cover the most recent opinion--namely the Delhi High Court's March 30, 2016 opinion in Telefonaktiebolaget lm Ericsson v Competition Commission of India, permitting the Indian competition authority's investigation of Ericsson to continue.   This past week, however, Swati Muthukumar published a two-part post on the Spicy IP Blog on this matter titled Ericsson vs CCI- The Future of Indian SEP Disputes? (part 1 here, part 2 here).  For previous discussion on this blog of the case under review, see here.

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