Category Archives: Competition Law

Competition Law Patent

IP vs Competition Law: Who Trumps Whom?


To say that IP vs Competition interface is a contested one is an understatement. Indeed, much ink has been spilt on resolving the apparent tension inherent within! And into this murky territory, I decided to wade right in…to commemorate what is known celebrated as the “World Competition Day”. I was requested to do a piece on this theme by CUTS, a leading think tank in India (and globally as well) on trade and competition policy. Apart from traversing the obvious…


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Competition Law Patent Unfair Competition

Samsung gets a favourable ruling v. Apple from the US Supreme Court


In a crisp 10 page unanimous opinion, the US Supreme Court overruled the (unanimous) Federal Circuit decision.   The US Supremes held that an “article of manufacture” need not be the end product as was claimed by Apple and agreed with Samsung that the article could be an intermediate product or a component !!! “The Federal Circuit’s narrower reading of ‘article of manufacture’ cannot be squared with the text of §289. The Federal Circuit found that components of the infringing smartphones…


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Competition Law Overlaps in IP Patent

My views on Session on ‘Open Standards’ in SpicyIP Consilience, 2016


 In the recently concluded SpicyIP Consilience 2016 Conference at NLS, we had an interesting session on Open Standards, FRAND and Royalty-Free models (pertaining to licensing of Standard Essential Patents). Mr. Rajiv Choudhary, Prof. Yogesh Pai, Mr. Navneet Hariharan and Prof. Natasha Nayak spoke in this session. The session discussed some interesting issues pertaining to: a) creation of value by royalty free standards; b) working of FRAND; c) creation of value by standards; and d) royalty-free model vis-a-vis FRAND model. If you…


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Competition Law Patent

Ericsson vs CCI- The Future of Indian SEP Disputes?-II


In this post, Swati continues her analysis of the recent decision of the Delhi High Court in Telefonaktiebolaget lm Ericsson v Competition Commission of India W.P.(C) 464/2014 & CM Nos.911/2014 & 915/2014. Can the allegations made by Micromax and Intex be construed as abuse of dominance? Micromax and Intex, both claimed that exorbitant royalty rates and unfair licensing terms proposed by Ericsson amount to a patent holdup. Further, FRAND terms have been violated by Ericsson’s opaque licence negotiations and legal…


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Competition Law Patent

Ericsson vs CCI- The Future of Indian SEP Disputes?-I


In this post, Swati Muthukumar, our Spicy IP Fellowship applicant discusses the recent judgment of the Delhi High Court in Telefonaktiebolaget lm Ericsson v Competition Commission of India W.P.(C) 464/2014 & CM Nos.911/2014 & 915/2014. We have previously blogged about the recent Delhi High Court judgment, in which the court ordered the Competition Commission of India (“CCI”) to continue its investigation into Ericsson’s alleged anti-competitive practices. In this two part post, I will analyse the issues raised in the judgment…


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Competition Law Patent

DHC rules that Ericsson concealed relevant information in Xiaomi matter – vacates injunction in part


On December 9, 2014 we had informed our readers that the Delhi High Court (DHC) had granted an interim injunction against Xiaomi.  The injunction was later modified by an order of the Division Bench of the DHC, and Xiaomi allowed to sell its devices subject to certain conditions.  The first post started with an editor’s note, which I find it useful to reproduce (just replace probably with almost certainly: “Due to the large number of queries around this – I would like…


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Competition Law Patent

Breaking News: Delhi High Court Refuses to Stay Anti-Competitive Investigation Against Ericsson


In a fairly exhaustive and well reasoned decision, Justice Vibhu Bakhru ordered today that the Competition Commission of India (CCI) can continue its investigation into Ericsson’s alleged anti competitive practices. This investigation pertains to the alleged abusive enforcement of Ericsson’s standard essential patents (SEP) against a host of Indian smartphone manufacturers, such as Micromax and Intex. Background As we’d noted in our previous posts on this issue, both Micromax and Intex had complained to the CCI that Ericsson was abusing its dominant…


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Competition Law Patent

Monsanto case: IP and Competition Law dimensions


My friend Prashant has recently written an excellent post in IPKat titled ‘A Monsanto case that could alter the dynamics of technology transfer to India’. The post is a good read.  I have decided to play the ‘devil’s advocate’ to some of the issues raised by Prashant. Basically, the idea is to present the other side of the coin and thereby, simplify the issues for the benefit of the readers. If this exercise is to deliver its intended result, reading…


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Competition Law Patent

DIPP invites comments on SEPs and their availability on FRAND terms


The Department of Industrial Policy & Promotion (DIPP) has published a paper on “Standard Essential Patents, and their availability on FRAND terms”.  The paper can be accessed here.  The last date to respond to it March 31, 2016. Objective: The Department of Industrial Policy and Promotion has prepared ―Discussion paper on Standard Essential Patents and their availability on FRAND terms, with the objective of inviting views and suggestions from the public at large to develop a suitable policy framework to define…


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Competition Law Others Sponsored

SpicyIP Tidbit: IICA announces courses in Competition Law


We’re very happy to announce that the Indian Institute of Corporate Affairs (IICA) has opened applications for two of its courses on Competition Law, comprising strong IPR modules. Read on for more details of the courses: Certificate Course in Competition Law (CCCL) Duration: 3 months (February – April 2016) The CCCL has been designed for professionals, who wish to fully grasp the impact of competition law on business strategy, and development competence on competition law compliance. Advanced Professional Course (APC)…


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