Open Access Books - Social Sciences and Humanities - 2018

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Browsing Open Access Books - Social Sciences and Humanities - 2018 by Author "Ashish Bharadwaj, Vishwas H. Devaiah, Indranath Gupta (editors)"
  • Publication
    Complications and Quandaries in the ICT Sector
    ( 2018)
    Ashish Bharadwaj, Vishwas H. Devaiah, Indranath Gupta (editors)
    With technology standards becoming increasingly common, particularly in the information and communications technology (ICT) sector, the complexities and contradictions at the interface of intellectual property law and competition law have emerged strongly. This 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. This book includes 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. 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. This book provides a wide range of valuable information and is a useful tool for graduate students, academics and researchers.
  • Publication
    Multi-dimensional Approaches Towards New Technology
    ( 2018)
    Ashish Bharadwaj, Vishwas H. Devaiah, Indranath Gupta (editors)
    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. 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.