Standard Essential Patents and FRAND Licensing in India: Navigating the Intersection of Patent Law and Competition Policy
Introduction The smartphone which is used today is the result of thousands of technologies which are patented and which work in a coordinated fashion. When a device goes online to a 4G network, a video stream or a voice call is sent, it uses technical standards agreed upon protocols that make all devices and manufacturers […]
Protection or Privilege? Regulating Giants in Modern Markets of Capitalism
Trademarks to Tyranny: Discussing the Balance between Dominance and Protection Capitalism as a system of economics and means of trade has been pervasive across all nations of the world. Emerging in the 17th century with the demise of Mercantilism, economic freedom soon took centre stage when it came to efficiency and maximum growth for market […]
Introduction of Lesser Penalty Regime under Competition Law
ABSTRACT Enforcement of an Effective Cartel can yield a tangible reduction in prices as well as an increase in the welfare of consumers in the market. There is a consensus that cartels are the only field of competition where they cripple and slow down the economy. But Cartels are also very hard to catch because […]
Growth of Digital Economy – A Challenge for Competition Regulators
Introduction Competition policy is a public policy which is aimed at ensuring that competition in the marketplace is not restricted in any manner that is detrimental to society. The most significant goal of competition policy is to shield society from harmful competitive behaviour. The digital economy is dynamic and fundamentally different from other sectors. Digital […]
Abuse of Dominant Position in Aftermarkets and Other Support and Maintenance Markets in India
Introduction The term ‘aftermarket’ is generally used in the automobile industry and it is generally a secondary-market dealing in spare parts, accessories, and other components for motor vehicles. It is also concerned with the service, maintenance, and customization of vehicles in the automobile sector. The other support and maintenance markets involve kinds of services similar […]
Competition Law and IPR- Friends or Foes?
An intellectual property right holder is granted legal rights to protect his intellectual property- here is where competition law plays a huge role by ensuring that such power and monopoly is restricted in the market. Both intellectual property rights and competition law have co-existed separately and peacefully since a number of years. It was later […]