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Michelle Dias, Gairola Mudita, To Grant or Not to Grant: Injunctions in the World of Standard Essential Patents, 14 (2023) JIPITEC None para 1.
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%0 Journal Article %T To Grant or Not to Grant: Injunctions in the World of Standard Essential Patents %A Dias, Michelle %A Mudita, Gairola %J JIPITEC %D 2023 %V 14 %N 1 %@ 2190-3387 %F dias2023 %X Competition law is a complex law that is ever evolving and finds itself face to face not only with difficult theories of economics and market definition but also with intellectual property law. This interaction between Competition law and Intellectual Property law can be starkly seen in the world of Standard Essential Patents. With the increase in investment in innovation and knowledge, there has been an increase in technological advancements and inventions such as in the field of electronics communications and networks. Subsequently, this has led to the rise in the importance of interoperability. This is where standards, standard-setting organizations and standard essential patents become important. It may seem, especially in this context, that competition law and intellectual property law are in conflict. However, that is necessarily not the case. In this paper, a small aspect of this conflict will be analysed: – whether injunctions should be granted for FRAND-encumbered standard essential patents or not. For this, global trends and the Indian scenario have been studied. The study concludes by suggesting a balance be maintained between both the laws and between the rights of the standard essential patent holder and the standard implementer. %L 340 %K FRAND %K competition law %K intellectual property law %K standard essential patents %U http://nbn-resolving.de/urn:nbn:de:0009-29-56279Download
Bibtex
@Article{dias2023,
author = "Dias, Michelle
and Mudita, Gairola",
title = "To Grant or Not to Grant: Injunctions in the World of Standard Essential Patents",
journal = "JIPITEC",
year = "2023",
volume = "14",
number = "1",
keywords = "FRAND; competition law; intellectual property law; standard essential patents",
abstract = "Competition law is a complex law that is ever evolving and finds itself face to face not only with difficult theories of economics and market definition but also with intellectual property law. This interaction between Competition law and Intellectual Property law can be starkly seen in the world of Standard Essential Patents. With the increase in investment in innovation and knowledge, there has been an increase in technological advancements and inventions such as in the field of electronics communications and networks. Subsequently, this has led to the rise in the importance of interoperability. This is where standards, standard-setting organizations and standard essential patents become important. It may seem, especially in this context, that competition law and intellectual property law are in conflict. However, that is necessarily not the case. In this paper, a small aspect of this conflict will be analysed: -- whether injunctions should be granted for FRAND-encumbered standard essential patents or not. For this, global trends and the Indian scenario have been studied. The study concludes by suggesting a balance be maintained between both the laws and between the rights of the standard essential patent holder and the standard implementer.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-56279"
}
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TY - JOUR AU - Dias, Michelle AU - Mudita, Gairola PY - 2023 DA - 2023// TI - To Grant or Not to Grant: Injunctions in the World of Standard Essential Patents JO - JIPITEC VL - 14 IS - 1 KW - FRAND KW - competition law KW - intellectual property law KW - standard essential patents AB - Competition law is a complex law that is ever evolving and finds itself face to face not only with difficult theories of economics and market definition but also with intellectual property law. This interaction between Competition law and Intellectual Property law can be starkly seen in the world of Standard Essential Patents. With the increase in investment in innovation and knowledge, there has been an increase in technological advancements and inventions such as in the field of electronics communications and networks. Subsequently, this has led to the rise in the importance of interoperability. This is where standards, standard-setting organizations and standard essential patents become important. It may seem, especially in this context, that competition law and intellectual property law are in conflict. However, that is necessarily not the case. In this paper, a small aspect of this conflict will be analysed: – whether injunctions should be granted for FRAND-encumbered standard essential patents or not. For this, global trends and the Indian scenario have been studied. The study concludes by suggesting a balance be maintained between both the laws and between the rights of the standard essential patent holder and the standard implementer. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-56279 ID - dias2023 ER -Download
Wordbib
<?xml version="1.0" encoding="UTF-8"?> <b:Sources SelectedStyle="" xmlns:b="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" xmlns="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" > <b:Source> <b:Tag>dias2023</b:Tag> <b:SourceType>ArticleInAPeriodical</b:SourceType> <b:Year>2023</b:Year> <b:PeriodicalTitle>JIPITEC</b:PeriodicalTitle> <b:Volume>14</b:Volume> <b:Issue>1</b:Issue> <b:Url>http://nbn-resolving.de/urn:nbn:de:0009-29-56279</b:Url> <b:Author> <b:Author><b:NameList> <b:Person><b:Last>Dias</b:Last><b:First>Michelle</b:First></b:Person> <b:Person><b:Last>Mudita</b:Last><b:First>Gairola</b:First></b:Person> </b:NameList></b:Author> </b:Author> <b:Title>To Grant or Not to Grant: Injunctions in the World of Standard Essential Patents</b:Title> <b:Comments>Competition law is a complex law that is ever evolving and finds itself face to face not only with difficult theories of economics and market definition but also with intellectual property law. This interaction between Competition law and Intellectual Property law can be starkly seen in the world of Standard Essential Patents. With the increase in investment in innovation and knowledge, there has been an increase in technological advancements and inventions such as in the field of electronics communications and networks. Subsequently, this has led to the rise in the importance of interoperability. This is where standards, standard-setting organizations and standard essential patents become important. It may seem, especially in this context, that competition law and intellectual property law are in conflict. However, that is necessarily not the case. In this paper, a small aspect of this conflict will be analysed: – whether injunctions should be granted for FRAND-encumbered standard essential patents or not. For this, global trends and the Indian scenario have been studied. The study concludes by suggesting a balance be maintained between both the laws and between the rights of the standard essential patent holder and the standard implementer.</b:Comments> </b:Source> </b:Sources>Download
ISI
PT Journal AU Dias, M Mudita, G TI To Grant or Not to Grant: Injunctions in the World of Standard Essential Patents SO JIPITEC PY 2023 VL 14 IS 1 DE FRAND; competition law; intellectual property law; standard essential patents AB Competition law is a complex law that is ever evolving and finds itself face to face not only with difficult theories of economics and market definition but also with intellectual property law. This interaction between Competition law and Intellectual Property law can be starkly seen in the world of Standard Essential Patents. With the increase in investment in innovation and knowledge, there has been an increase in technological advancements and inventions such as in the field of electronics communications and networks. Subsequently, this has led to the rise in the importance of interoperability. This is where standards, standard-setting organizations and standard essential patents become important. It may seem, especially in this context, that competition law and intellectual property law are in conflict. However, that is necessarily not the case. In this paper, a small aspect of this conflict will be analysed: – whether injunctions should be granted for FRAND-encumbered standard essential patents or not. For this, global trends and the Indian scenario have been studied. The study concludes by suggesting a balance be maintained between both the laws and between the rights of the standard essential patent holder and the standard implementer. ERDownload
Mods
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<title>To Grant or Not to Grant: Injunctions in the World of Standard Essential Patents</title>
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<abstract>Competition law is a complex law that is ever evolving and finds itself face to face not only with difficult theories of economics and market definition but also with intellectual property law. This interaction between Competition law and Intellectual Property law can be starkly seen in the world of Standard Essential Patents. With the increase in investment in innovation and knowledge, there has been an increase in technological advancements and inventions such as in the field of electronics communications and networks. Subsequently, this has led to the rise in the importance of interoperability. This is where standards, standard-setting organizations and standard essential patents become important. It may seem, especially in this context, that competition law and intellectual property law are in conflict. However, that is necessarily not the case. In this paper, a small aspect of this conflict will be analysed: – whether injunctions should be granted for FRAND-encumbered standard essential patents or not. For this, global trends and the Indian scenario have been studied. The study concludes by suggesting a balance be maintained between both the laws and between the rights of the standard essential patent holder and the standard implementer.</abstract>
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 14 (2023) 1 |
|---|---|
| Title |
To Grant or Not to Grant: Injunctions in the World of Standard Essential Patents (eng) |
| Author | Michelle Dias, Gairola Mudita |
| Language | eng |
| Abstract | Competition law is a complex law that is ever evolving and finds itself face to face not only with difficult theories of economics and market definition but also with intellectual property law. This interaction between Competition law and Intellectual Property law can be starkly seen in the world of Standard Essential Patents. With the increase in investment in innovation and knowledge, there has been an increase in technological advancements and inventions such as in the field of electronics communications and networks. Subsequently, this has led to the rise in the importance of interoperability. This is where standards, standard-setting organizations and standard essential patents become important. It may seem, especially in this context, that competition law and intellectual property law are in conflict. However, that is necessarily not the case. In this paper, a small aspect of this conflict will be analysed: – whether injunctions should be granted for FRAND-encumbered standard essential patents or not. For this, global trends and the Indian scenario have been studied. The study concludes by suggesting a balance be maintained between both the laws and between the rights of the standard essential patent holder and the standard implementer. |
| Subject | FRAND, competition law, intellectual property law, standard essential patents |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-56279 |
