A comparative study of the evolving jurisprudence on standard essential patent licensing

Bharadwaj, Ashish and Jain, Srajan (2020) A comparative study of the evolving jurisprudence on standard essential patent licensing. Journal of World Intellectual Property, 23 (3). pp. 310-327. ISSN 14222213

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Abstract

Courtrooms in several jurisdictions have proven to be legal battleground for developing jurisprudence for disputes on standard essential patent (SEP) licensing. In India, a settlement and a decision defined and reshaped the SEP licensing landscape. These decisions by the Indian adjudicators come in light of the solutions proposed by the Japan Patent Office, decisions taken by the U.K. Courts and official position of the U.S. Department of Justice more recently. In this paper, we seek to analyze the outcomes of SEP disputes in India and make comparison with the ongoing efforts in developing fair, reasonable and non‐discriminatory jurisprudence in Japan, EU, and United States.

Item Type: Article
Keywords: Standard Essential Patent Licensing | SEP
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal School of Banking & Finance
Depositing User: Amees Mohammad
Date Deposited: 04 Jan 2022 04:08
Last Modified: 04 Jan 2022 04:08
Official URL: https://doi.org/10.1111/jwip.12154
URI: https://pure.jgu.edu.in/id/eprint/554

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