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
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Creator |
Kochher, Hartej Singh
Ghose, Anuttama |
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Subject |
Competition Commission of India (CCI)
FRAND Intellectual Property Standard Essential Patents (SEP) Standard Setting Organisations (SSO) |
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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. |
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Date |
2024-10-30T10:23:08Z
2024-10-30T10:23:08Z 2024-11 |
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Type |
Article
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Identifier |
0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/64797 https://doi.org/10.56042/jipr.v29i6.7774 |
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Language |
en
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Publisher |
NIScPR-CSIR,India
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Source |
JIPR Vol.29(6) [November 2024]
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