Monday, 19 June 2017

India: Balancing Competition - SEP Injunctions

SEP Injunctions and the Balance of IPRs and Competition in India is a posting on the IP finance blog by Mike Mireles, linking to an article in the Financial Express by Professor V.K. Unni of the Indian Institute of Management, Calcutta entitled 'Promoting Innovation: Moving Towards a Better Intellectual Property Regime'. 

The balance between IP rights and competition law is of course a crucial one to lawyers in either of (or, more likely, both) those disciplines. The learned Professor notes that the the Delhi High Court has recently considered whether the competition authorities are entitled to consider possible abuses of dominant positions by owners of standards-essential patents, and has concluded that they can, which sounds rather like the process that the Court of Justice went through many years ago to reconcile the provisions of the (then) Treaty of Rome with national intellectual property laws. But it's not for me to tell you what IP Finance, or Prof Unni, said - follow the link and read it for yourself. As my students might find themselves doing next year ...

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