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Traversing Jurisdictional Boundaries: Unravelling Delhi High Court's Verdict on Competency of Competition Commission of India in Patent Affairs

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Title Traversing Jurisdictional Boundaries: Unravelling Delhi High Court's Verdict on Competency of Competition Commission of India in Patent Affairs
 
Creator Kochher, Hartej Singh
Ghose, Anuttama
 
Subject Competition Commission of India (CCI)
FRAND
Intellectual Property
Standard Essential Patents (SEP)
Standard Setting Organisations (SSO)
 
Description 484-491
The interplay between intellectual property rights and competition law is crucial for fostering a competitive and dynamic economic market. This paper aims to explore the connection between Intellectual Property Rights and Competition Laws through an analysis of the Delhi High Court's decision in the recent case of Telefonaktiebolaget L M Ericsson v Competition Commission of India (CCI) in July 2023. It highlights the challenges faced by the Competition Commission of India in asserting its authority over patent-related matters. The authors have thoroughly examined the concepts of Standard Essential Patents (SEP), Standard Setting Organizations (SSO), and other important aspects of Competition law to highlight the intricacies involved in the ever-evolving relationship between Intellectual Property Rights (IPR) and Competition Policies. The paper aims to find a balance and proposes that these provisions should be applied in a comprehensive and cohesive manner to ensure that the objectives of IPR law and competition law are properly aligned within the framework of Indian law.
 
Date 2024-10-30T10:23:08Z
2024-10-30T10:23:08Z
2024-11
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/64797
https://doi.org/10.56042/jipr.v29i6.7774
 
Language en
 
Publisher NIScPR-CSIR,India
 
Source JIPR Vol.29(6) [November 2024]