Category Archives: Unfair Competition

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…


Read More »
Competition Law Patent Unfair Competition

Guest Post: The Rs. 400 crore war between Monsanto and Indian seed companies with threats of price control and compulsory licencing of patents


What role could the competition and IPR frameworks play in a dispute between Monsanto and Indian cotton seed manufacturers? Prashant Reddy weighs in on the question of the extent to which private contract disputes can be interfered with by State regulation. (Long post ahead) The Rs. 400 crore war between Monsanto and Indian seed companies with threats of price control and compulsory licensing of patents Author: Prashant Reddy There is a storm brewing over foreign IP rights in India and,…


Read More »
Competition Law Patent Unfair Competition

iBall v. Ericsson: CCI Continues to Toe the Line Amidst Judicial Ambiguity


In yet another Order where the CCI continues to be insistent on exercising jurisdiction in SEP matters, the Commission, proceeding from a complaint by iBall, directed the DG to complete an investigation against Ericsson. This adds to jurisprudence that shows the CCI as being adamant to exercise jurisdiction in matters where there is genuine confusion as to its reach. In 2011, Ericsson issued a letter to iBall making clear its belief that its patents, which were directly relevant to iBall’s…


Read More »
Patent Unfair Competition

The Extra-Territorial Reach of (SE)Patents?  The case against SEP portfolio licensing


One of the first things that law students are taught is that among the various rights granted by a sovereign, patents too are territorial in nature.  Simply put, patents granted by India are valid in India, and not valid in United States (US) or Pakistan, etc. and vice versa. Existing scholarship including case law in the US, focuses on the outbound impact of intellectual property rights (IPR), with patent laws being the focus of attention.  See, for example, US 35…


Read More »
Patent Unfair Competition

Breaking News!! DHC fixes interim royalty rates, last date of trial in Ericsson/Micromax FRAND case


A Single Judge of the Delhi High Court passed a judgment on the interim applications pending in the patent infringement suit filed by Ericsson (Telefonaktienolaget LM Ericsson) against Micromax and Mercury Electronics on the 12th of November, 2014. The judgment covers two main points: first, it sets the royalty rate to be paid during the pendency of the case [brings it down from 1.25-2% to 0.8-1.3%], and, secondly, it fixes 31st December as the final date for the trial of the…


Read More »
Copyright Unfair Competition

T-Series Faces the Music on its Minimum Commitment Charges


The CCI in a recent decision ruled that Minimum Commitment (“MC”) charges imposed by T-Series on Radio Stations were unfair and discriminatory and imposed a penalty of Rs 28.3 million on T-Series. These MC charges were charges equivalent to fixed number of radio hours that stations had to pay T-Series irrespective of whether or not they played their music. The rationale that T-Series had advanced before the commission was that radio stations had to pay charges for a fixed number…


Read More »
Others Unfair Competition

Guest Post: On the Need for Network Neutrality


Aside from a post (see here) that Prashant had written on it, network neutrality is a topic we’ve not often touched upon in this blog. In light of this, we are very glad to bring our readers a guest post on some recent developments in the network neutrality debate, by Kartik Chawla, an enterprising 2nd year at Nalsar University of Law. Network Neutrality The debate around Network Neutrality is a decades old debate, but it is not any less relevant for…


Read More »
Patent Unfair Competition

FRANDly Wars at Delhi HC: Ericsson cries foul play against Intex; CCI barred from adjudicating the dispute


In 2013, Intex filed a complaint against Ericsson with the Competition Commission of India (CCI) alleging abuse of dominance by the Ericsson whilst negotiating a Standard Essential Patents (SEPs) licensing agreement. Intex, an Indian mobile handset maker complained that the terms of the agreement were highly unfair and discriminatory, and in particular claimed that the royalty rates demanded by Ericsson were extremely high. The CCI made a prima facie determination of abuse of dominant position and ordered an investigation under Section 26…


Read More »
Patent Unfair Competition

Micromax Files Complaint: CCI Orders Investigation into Ericsson’s FRANDly Licensing


In a major setback to the telecommunications technology major Ericsson, the Competition Commission of India(CCI) has ordered an investigation into anti competitive licensing of its Standard Essential Patents(SEPs). Ericsson is unarguably the largest holder of SEPs in mobile communications in 2g, 3g, 4g and EDGE technologies. Ericsson is embroiled in several SEP based litigations worldwide. In its Press Release dated 28th November, Ericsson has stated that the complaint filed by Micromax is a general defense to the ongoing patent infringement…


Read More »
Competition Law Unfair Competition

SpicyIP Tidbit: Google’s ability to influence India’s internet policy


The weekly news magazine, Outlook carried a cover page story on Google’s growing influence in India and questions whether we should worry about the company’s influence? The article gives a list of initiatives funded by Google. Some of these were well known, like the Parliamentary Research Service (now re-named IPRS). Others like the Hoot and the Centre for Communication Governance at the National Law University in New Delhi certainly came as news to me. The Hoot is an excellent media…


Read More »