Comments on the DIPP Discussion Paper on Standard-Essential Patents and Their Availability on FRAND Terms

16 Pages Posted: 14 May 2016 Last revised: 6 Jun 2016

See all articles by Yogesh Pai

Yogesh Pai

National Law University Delhi, Centre for Innovation, IP and Competition (CIIPC)

Date Written: May 13, 2016

Abstract

This note is submitted to the DIPP as comments on the DIPP "Discussion Paper on Standard-Essential Patents and their Availability on FRAND terms". It discusses the legal position and policy dynamics involving Standard Essential Patents. The comments highlight that caution must be exercised and more empirical based studies must be relied on before assuming that there are immediate policy changes that need to be made. It is submitted that the DIPP must exercise caution in making strong policy interventions in the very dynamic context of innovation and technical change. It is submitted that policy makers ought to defer to the prevailing statutory framework, regulatory and judicial scrutiny before making irreversible policy changes. It is the opinion of the author that such a deference thesis will help the Government of India to make the right policy changes, wherever needed, and yet save it from making incorrect policy decisions.

Suggested Citation

Pai, Yogesh, Comments on the DIPP Discussion Paper on Standard-Essential Patents and Their Availability on FRAND Terms (May 13, 2016). Available at SSRN: https://ssrn.com/abstract=2779696 or http://dx.doi.org/10.2139/ssrn.2779696

Yogesh Pai (Contact Author)

National Law University Delhi, Centre for Innovation, IP and Competition (CIIPC) ( email )

Sector- 14, Dwarka
Dwarka
New Delhi, Delhi 110078
India
8826724506 (Phone)
8826724506 (Fax)

HOME PAGE: http://ciipc.org/

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