In order to attract foreign investment and encourage technology transfer, the government needs to take both consumers’ and private sector’s interests into account. There is no doubt that a balance is needed such that exclusive rights are protected but at the same time, this ‘should not’ lead to abuse of dominant position by the rights’ holder.
In the context of FRAND licensing in the telecom sector and payment of royalty fees for genetically modified Bt cotton seeds, the debate over India’s policy in encouraging innovation has sharpened. The overlap between competition law and IP laws in the context of balancing the commercial interest of IP holder and public interest has made the debate acrimonious and to an extent contrary to the purpose of Intellectual Property (IP). It is commonly understood that IP by its nature is inherently pro-competitive as it ensures protection of differentiated, intangible business assets. In that context it encourages competition by promoting innovation.
In other words, the objective of both competition law and the IPR law is common that is to promote innovation, consumer welfare and in fact offer more product choices, though the medium adopted by both these laws may intersect with each other at some point while achieving the ‘same’ objectives. The intersection of IPRs and the competition law is amongst one of the complex areas of law and economics. Whereas from an industry perspective, public benefit from research and development (R&D) of innovative products, consumers in any country would generally not consider IP protection beneficial as long as high prices reduce actual availability of the innovative products.
Patents and Competition Law
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Esta historia es de la edición November - December 2016 de IP ERA.
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Bioethics vis-a-vis Biosimilars
With India moving from strength to strength in establishment of biosimilars as the current and next step of affordable healthcare, the need of the hour is to understand the regulatory guidelines and their implementation as per current requirements.
Tackling Online Employment Frauds
Efforts need to be taken at all levels – enforcement agencies, government institutions, corporations and the Internet users themselves – to curb this rising menace.
Google V. Equustek Solutions: The Cost of Doing Business?
Whether this is a simple case of the cost of doing business or just another case of insisting that Internet service providers and search engines become Internet police, there should be better parameters in place to protect the freedom of speech and prevent the abuse of the system.
Germany Hailed as an Arena for Solving International Patent Disputes
Indian companies can enforce patents in Germany not only in cases where the opponent operates in Germany but also in cases where activities of the opponent have bearing on Germany. Even in a litigation where Germany is only marginally affected, Indian patentees may have a standing in Germany and be able to sue opponents from foreign countries such as USA, Japan, China and even India.
Playing the Balancing Game
In order to attract foreign investment and encourage technology transfer, the government needs to take both consumers’ and private sector’s interests into account. There is no doubt that a balance is needed such that exclusive rights are protected but at the same time, this ‘should not’ lead to abuse of dominant position by the rights’ holder.
Biological Diversity Act, 2002: An Overview
A look at the provisions and regulations issued under this Act that came into force entirely in 2004 mainly to give effect to the UN Convention on Biological Diversity held at Rio De Janeiro in 1992.
Flying high: PTAB's Pilot Program For One-Judge Reviews
The pilot program proposed by the Patent Trial and Appeal Board (PTAB) is a winwin for both patent owners and the PTAB as it offers the former a chance to try one’s case before an objective trial-phase panel, while the latter stands to benefit too as two of three judges who would have been involved in the institution phase of an IPR are now free to look into other matters…
IP-led Innovation As Driver Of Indian Economy: The Role Of Businesses
Given the new policy initiatives by the Government of India that provide significant opportunity, Indian companies must develop IP-based innovative products and solutions that lead to business and economic growth.