[IP finance] SEP Injunctions and the Balance of IPRs and Competition in India
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Mike Mireles
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Jun 16, 2017, 4:19:17 PM6/16/17
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Professor V.K. Unni of the Indian Institute of Management,
Calcutta has authored a short and concise opinion paper titled, Promoting
Innovation: Moving Towards a Better Intellectual Property Regime, in the
Financial Express.His paper discusses
the importance of finding the right balance between patent rights and
competition law with respect to standard essential patents for India.Interestingly, he observes that in India
injunctive relief has been granted relatively frequently with respect to
standard essential patents held by Ericsson against Indian companies,
particularly when compared to pharmaceuticals.He notes that, “the Delhi High Court [recently] held that laws dealing
with protection of IPR and competition do not have any irreconcilable
repugnancy or conflict, and upheld the jurisdiction of the [Competition
Commission of India] to entertain complaints dealing with abuse of dominance
against the patent holder.”The article
is available, here.
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Posted By Mike Mireles to IP finance on 6/16/2017 09:18:00 pm