This 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.
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1 National Disparities and Standards Essential Patents: Considerations for India |
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1 | (18) |
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2 FRAND Commitments and Royalties for Standard Essential Patents |
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19 | (18) |
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3 The Policy Implications of Licensing Standard Essential FRAND-Committed Patents in Bundles |
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37 | (26) |
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4 Calculating FRAND Licensing Fees: A Proposal of Basic Pro-competitive Criteria |
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63 | (16) |
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5 Selected Issues in SEP Licensing in Europe: The Antitrust Perspective |
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79 | (20) |
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6 Competition, Intellectual Property Rights and Collaboratively Set Standards: Federal Trade Commission Advocacy and Enforcement |
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99 | (42) |
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7 Standard Setting Organizations and Competition Laws: Lessons and Suggestions from the United States |
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141 | (24) |
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165 | (20) |
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9 CCI's Investigation of Abuse of Dominance: Adjudicatory Traits in Prima Facie Opinion |
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185 | |
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Dr. Ashish Bharadwaj is an assistant professor at the Jindal Global Law School (JGLS), O.P. Jindal Global University and co-director of Jindal Initiative on Research in IP & Competition (JIRICO)a think-tank focused on frontline research on issues at the interface of high technology, patents and antitrust. He writes extensively on the role of technology and innovation in shaping societies, green technology, SEP/FRAND litigation and technical standards. He is an affiliated faculty at the Center for Intellectual Property Research, Maurer School of Law, Indiana University (Bloomington), USA and a visiting professor at the Institute for Innovation Research, Hitotsubashi University (Tokyo). He holds a Ph.D. from the Max Planck Institute for Innovation and Competition (Munich); European Master in Law and Economics from Erasmus University Rotterdam, Netherlands and the University of Manchester, UK; Master in Economic Sciences from Anna University, India; and a BA Honors in Economicsfrom Delhi University, India.
Dr. Vishwas Devaiah is an associate professor at the Jindal Global Law School, Executive Director of the Centre for Intellectual Property and Technology Law (CIPTEL) and Managing Editor of the journal Jindal Global Law Review, published by Springer. Vishwass primary areas of interest are patent law, health law and biotechnology law. He has published widely and serves as a reviewer for the Asian Comparative Law Journal, the NUJS Law Review and the Indian Journal of Medical Ethics. He obtained a Ph.D. from the University of Liverpool, UK; an LLM degree from Warwick University, UK; and Bachelor of Law (BAL, LL.B.) degrees from University Law College, Bangalore University, Bangalore. His Ph.D. research was on the regulation of human embryonic stem cell research, titled Protecting egg donors and patients in human embryonic stem cell research: A critical analysis of the current and proposed regulation in India.
Dr. Indranath Gupta is an associate professor and assistant director of the Centre for Postgraduate Legal Studies and at the Centre for Intellectual Property and Technology Law. Dr. Gupta received his LL.B. degree from the University of Calcutta, India; holds an LLM with distinction from the University of Aberdeen, UK; and a postgraduate research LLM in Computer Law from the University of East Anglia, UK. He obtained his Ph.D. from Brunel University, London, UK. Dr. Gupta has been involved in qualitative and quantitative research. He was appointed as the research collaborator by the Università Bocconi, Milan, Italy, for a project funded by the European Commission under the 7th Framework Programme. Dr. Gupta has also worked as an advocate in a solicitors firm at the Calcutta High Court. He has published in European and Indian law journals and has spoken at international conferences and seminars. His research areas include database right, copyright, data protection, cyber law and interfaceof IP and competition law.
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