National Disparities and Standards-Essential Patents: Considerations for India

Complications and Quandaries in the ICT Sector: Standard Essential Patents and Competition Issues (Ashish Bharadwaj, Vishwas Deviah & Indraneth Gupta, eds., Springer, 2017 Forthcoming)

University of Utah College of Law Research Paper No. 221

15 Pages Posted: 6 Jul 2017 Last revised: 14 Jul 2017

See all articles by Jorge L. Contreras

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Date Written: September 1, 2016

Abstract

Patents on standardized technologies are being issued with increasing frequency, and the majority of these patents are held by large multinational firms based in developed economies. As a result, firms from less-developed economies with sparse patent holdings are disadvantaged in both domestic and foreign markets. While protectionist governmental policies can address these disparities, such measures are potentially contrary to international treaty obligations and generally unsuccessful in the long term. An alternative approach involves greater participation in international SSOs by firms from less-developed economies. This increased participation is likely to benefit such firms both in terms of technology development, strengthening of patent positions, and influence over SSO policies. To facilitate increased participation, both financial and institutional support will be required from local governments, NGOs, multinational organizations and SSOs themselves. To the extent that participation in international SSOs by firms in developing economies such as India can be increased, it could have a meaningful impact on domestic innovation, job creation, technical capability and manufacturing output.

Keywords: FRAND, India, standards, patents, SEP, SDO, SSO

Suggested Citation

Contreras, Jorge L., National Disparities and Standards-Essential Patents: Considerations for India (September 1, 2016). Complications and Quandaries in the ICT Sector: Standard Essential Patents and Competition Issues (Ashish Bharadwaj, Vishwas Deviah & Indraneth Gupta, eds., Springer, 2017 Forthcoming), University of Utah College of Law Research Paper No. 221, Available at SSRN: https://ssrn.com/abstract=2995900

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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