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Traversing Jurisdictional Boundaries: Unravelling Delhi High Court's Verdict on Competency of Competition Commission of India in Patent Affairs


Affiliations
1 Vinayaka Mission’s Law School, Chennai—603 104, India
2 School of Law, DrVishwanath Karad MIT World Peace University, Pune —411 038, India

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 LM EricssonvCompetition 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.

Keywords

Competition Commission of India (CCI), FRAND, Intellectual Property, Standard Essential Patents (SEP), Standard Setting Organisations (SSO)
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  • Traversing Jurisdictional Boundaries: Unravelling Delhi High Court's Verdict on Competency of Competition Commission of India in Patent Affairs

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Authors

Hartej Singh Kochher
Vinayaka Mission’s Law School, Chennai—603 104, India
Anuttama Ghose
School of Law, DrVishwanath Karad MIT World Peace University, Pune —411 038, India

Abstract


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 LM EricssonvCompetition 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.

Keywords


Competition Commission of India (CCI), FRAND, Intellectual Property, Standard Essential Patents (SEP), Standard Setting Organisations (SSO)