| Description |
1 online resource |
| Contents |
Intellectual property and competition law : understanding the interplay / Hanna Stakheyeva -- The interaction between intellectual property law and competition law in the EU : necessity of convergent interpretation with the principles established by the relevant case law / Nikolaos E. Zevgolis -- The relevance of standardization in a future competitive India and the role of policy makers, antitrust authorities and courts to promote it / Sheetal Chopra, Matteo Sabattini and Dina Kallay -- The role of the European Commission in the development of the ETSI IPR Policy and the nature of FRAND in standardization / Eric L. Stasik -- All good things mustn't come to an end : reigniting the debate on patent policy and standard setting / Ashish Bharadwaj, Manveen Singh and Srajan Jain -- Interpreting the "FRAND" in FRAND licensing : licensing and competition law ramifications of the 2017 Unwired Planet v Huawei UK high court judgements / Noah D. Mesel -- Evolving Huawei framework : SEPs and grant of injunctions / Indranath Gupta, Vishwas H. Devaiah, Dipesh A. Jain and Vishal Shrivastava -- The development and theoretical controversy of SEP licensing practices in China / Yang Cao -- Regulating abuse of SEPs in mobile communications market : reviewing 1st and 2nd Qualcomm cases in Korea / Dae-Sik Hong -- Regulating standard essential patents in implementer-oriented countries : insights from India and Japan / Ashnish Bharadwaj and Tohru Yoshioka-Kobayashi -- Predatory pricing in platform competition : economic theory in Indian cases / Aditya Bhattacharjea -- Competition law and standard essential patent (SEP) in India : a few critical issues to ponder / Geeta Gouri -- Interface between antitrust law and intellectual property in the payment systems market in India / Yogesh Dubey and Konark Bhandari -- Towards a transaction cost approach to the essential facilities doctrine / Yugank Goyal, Padmanabha Ramanujam and Anmol Patel -- Local working of patents : the perspective of developing countries / Althaf Marsoof. |
| Summary |
This 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. |
| Bibliography |
Includes bibliographical references. |
| Access |
Open access. GW5XE |
| Subject |
Intellectual property.
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Antitrust law.
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Technological innovations.
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Antitrust law. (OCoLC)fst00810849
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Intellectual property. (OCoLC)fst00975774
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Technological innovations. (OCoLC)fst01145002
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| Genre/Form |
Electronic books.
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| Added Author |
Bharadwaj, Ashish, 1985- editor.
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Devaiah, Vishwas H., editor.
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Gupta, Indranath, editor.
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| Other Form: |
Print version: Multi-dimensional approaches towards new technology. Singapore : Springer Open, [2018] (DLC) 2018945460 |
| ISBN |
9789811312328 |
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981131232X |
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