Multi-dimensional approaches towards new technology: Insights on innovation, patents and competition

Bharadwaj, Ashish and Devaiah, Vishwas H. and Gupta, Indranath (eds.). Bharadwaj, Ashish, Devaiah, Vishwas H. and Gupta, Indranath (2018) Multi-dimensional approaches towards new technology: Insights on innovation, patents and competition. Springer, Singapore. ISBN 9789811312328

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Abstract

This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.

Item Type: Book
Keywords: Antitrust | Competition | FRAND IPR | Open access | Standard-essential-Patents | Technological innovation
Subjects: Physical, Life and Health Sciences > Engineering and Technology
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr Sombir Dahiya
Date Deposited: 13 Dec 2021 11:15
Last Modified: 23 May 2023 11:01
Official URL: https://doi.org/10.1007/978-981-13-1232-8
Additional Information: We dedicate this book to all risk-taking innovators in science and technology, who made us believe that the best way to deconstruct the future is to invent it. Their capability is to not see change as a threat, but as an opportunity. We are extremely grateful to all contributors who took time out of their busy schedule and ensured timely completion of this project. This has been made possible because of the extraordinary efforts of Mr. Dipesh A. Jain and valuable support of Vishal Shrivastava, Srajan Jain, Shruti Bhushan, Joy Saini, Jahnavi, Krishna Kumar, Isha Gaba, Navreet Kaur Rana, Kajal Malik, Punkhuri Chawla and Bhupender Kumar who spent several hours of their precious time towards this project. It is towards all of them we owe our gratitude. We would also like to thank our family and our colleagues at O.P. Jindal Global University (JGU) for their constant encouragement. We admire unconditional support of our Vice Chancellor, Prof. C. Raj Kumar. Foundations of JIRICO are rooted in his vision and leadership.
URI: https://pure.jgu.edu.in/id/eprint/157

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