Jindal Global University Releases book on Complications and Quandaries in the ICT Sector: Standard Essential Patents and Competition Issues

O.P. Jindal Global University (JGU) released a book titled – Complications and Quandaries in the ICT Sector: Standard Essential Patents and Competition Issues edited by JGU faculty members Prof. (Dr.) Ashish Bharadwaj, Prof. (Dr.) Vishwas H. Devaiah, Prof. (Dr.) Indranath Gupta.

The book was launched as a part of the 3rd International Conference on ‘Innovation for Shared Prosperity: Deliberations on Standard Setting and Patent Licensing’ organised by Jindal Initiative on Research in IP and Competition (JIRICO) of JGU from 3rd – 5th November, 2017 at Hotel Taj Mahal in Delhi.

The book talks about how the regulatory agencies and courts in the United States, European Union and India are dealing with the rising allegations of anti-competitive behaviour by standard essential patent (SEP) holders. It also discusses the role of standards setting organizations / standards developing organizations (SSO/SDO) and the various players involved in implementing the standards that influence practices and internal dynamics in the ICT sector.

Discussions on fair, reasonable and non-discriminatory (FRAND) licensing terms and the complexities that arise when both licensors and licensees of SEPs differ on what they mean by “fair”, “reasonable” and “non-discriminatory” terms are also issues that the book has covered. It also addresses topics such as the appropriate royalty base, calculation of FRAND rates and concerns related to FRAND commitments and the role of Federal Trade Commission (FTC) in collaborative standard setting process.

In his welcome address Prof. (Dr.) C. Raj Kumar, Founding Vice Chancellor, O.P. Jindal Global University said, “On behalf of O.P. Jindal Global University, it is my privilege to welcome you all for the pre-conference panel discussion and book launch. O.P. Jindal Global University is deeply committed to advancing the cause of knowledge and also in the dissemination of knowledge through our various initiatives. JIRICO, which has organised the event and is responsible for the launch of the book, is one such initiative by the University. Conferences like these are an opportunity for us to engage and have an informed discussion about the critical issues that are facing the world at large.”

In his special address Mr. Ansuman Pattnaik, Additional Director General, Competition Commission of India said, “I am delighted and honoured to be a part of the book release which revolves around the ICT sector. From the regulators point of view, the content of the book is extremely relevant for the functioning of a healthy competition regime in India. In line with the theme of the book, there are two issues that strike me as extremely relevant – 1) Conflict between IPR regime and competition laws; 2) Big data and established policies around it. There are unsettled issues around competition, privacy and exclusivity and I hope the book will address these issues.”  

In his presidential address Mr. Dhanendra Kumar Chairman, Competition Advisory Services (India) LLP, Former Chairman, Competition Commission of India, Former Executive Director, World Bank said, “It is my pleasure to be a part of the book release titled ‘COMPLICATIONS AND QUANDARIES IN THE ICT SECTOR’ – Standard Essential Patents and Competition Issues’. The release of the book is extremely timely and relevant in the current context. And this is more so with the recent release of the report by the World Bank on the Ease of Doing Business which has put India’s ranking up from 130 to 100. In the current scenario, what our country needs is not just capital, but also technology and a focus on innovation. In terms of competition and innovation, it is extremely important that we achieve some sort of balance in the architecture which is evolving and the jurisprudence which is still in the process of evolution. The publication of the book is timely and will help in clarifying many concepts.”

Talking about the book, Dr. Indranath Gupta, Associate Professor and Assistant Director, Centre for Intellectual Property and Technology Law, Jindal Global Law School said, “We are thankful to all those associated with the book and to our publisher, Springer. We would like to extend a special thanks to the contributors who were able to provide different perspectives to the book, covering various jurisdictions. The book is available for download free of cost on the website of Springer.”

The 3-day Conference deliberated on contemporary legal, business and policy issues faced by stakeholders with respect to technical standard setting and licensing of patents in communications technology. It focused on initiating and complementing well-informed policy-related deliberations that can result in concrete reforms in the fields of intellectual property law, competition law, economics and management.

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