India’s Approach to SEPs and FRAND Licensing: IPR and Antitrust Law Narratives

Introduction The smartphones, laptops, pen drives etc. that we carry, function seamlessly because of certain standards, i.e., certain widely accepted technical rules that ensure interoperability. These standards are often built upon, SEPs or Standard Essential Patents. Standard Essential Patents, simply put, are the standardised and essential patents indispensable for the implementation of a technical standard. […]

The Changing Jurisdictional Journey of Intellectual Property Rights and Competition Law

Introduction Competition law and intellectual property rights (IPR) are like two different sides of the same coin, as they both work to ensure vibrancy in the market and promote consumer welfare. Yet, despite having a common point, they sometimes contradict each other’s jurisdiction. In the legal world, competition law and IPR law are often represented […]

Ericsson – Apple 5G Patent Licensing Dispute

Recently, Telefonaktiebolaget LM Ericsson, commonly known as Ericsson (hereinafter “Ericsson”), a Swedish multinational networking and telecommunications company headquartered in Stockholm filed a set of patent infringement lawsuits against Apple Inc. (hereinafter “Apple”), an U.S. based multinational technology company that specializes in consumer electronics, software and online services. This is not the first time the parties […]

Patent License Dispute Between Ericsson And Samsung

Recently, Swedish telecom company Ericsson has filed a lawsuit in the US against South Korean company Samsung for breach of contractual commitments and failure to negotiate the patent licensing and payment terms in good faith, essentially under FRAND (Fair, Reasonable and Non-discriminatory) terms. In the suit, Ericsson is also looking for a declaratory ruling that […]

Intersection between Intellectual Property (IP) and Competition Law

With a growing buzz around how IP and Competition law interface with each other, instances when they can be coupled by Defendants to raise concerns/defense arguments, as to how and when investigations can be initiated through the Competition Commission of India (CCI), are becoming critical and hence need clarity at all ends. This piece is […]