Please use this identifier to cite or link to this item:
Title: Demystifying the Indian FRAND Regime: The Interplay of Competition and Intellectual Property
Authors: Viswanath, Raghavi
Keywords: Standard Essential Patents;Jurisdiction of the CCI;FRAND;Standard setting organization;FRAND licensing;TRIPS;Indian Patents Act, 1970
Issue Date: Mar-2016
Publisher: NISCAIR-CSIR, India
Abstract: FRAND-encumbered SEP-holders have increasingly been involved in legal battles, arising out of the existing ambiguities in the FRAND regime. This essay attempts to deconstruct the complexities of the FRAND system and evaluate its economic soundness. In the Indian context, the development of intellectual property rights law has been intricately linked to the political ideologies that inspire the incumbent governments. The essay seeks to relate the political motivations and the economic impact to achieve at a harmonious understanding of the current framework of FRAND licensing in India. In light of recent judicial developments, the growing convergence of competition law and patent law has been discussed, with particular emphasis on the competing jurisdictional claims. Undertaking a critical appraisal of the Indian model as it currently is, the essay suggests modifications to increase the suitability of the Indian economy while maintaining the balance between public policy and competitive markets.
Page(s): 89-95
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.21(2) [March 2016]

Files in This Item:
File Description SizeFormat 
JIPR 21(2) 89-95.pdf71.16 kBAdobe PDFView/Open

Items in NOPR are protected by copyright, with all rights reserved, unless otherwise indicated.