Veranstaltungen

Since 2011, a chain of cases dealing with alleged infringement of IPR and especially of standards essential patents (SEPs) in the ICT industry have been brought before the High Courts and the Competition Commission of India.

The ICT related cases of interest are : Telefonaktiebolaget LM Ericsson (Ericsson) v Kingtech Electronics (Kingtech); Telefonaktiebolaget LM Ericsson (Publ) v Mercury Electronics and Micromax Informatics; Telefonaktiebolaget LM Ericsson (Publ) vs. Gionee Communications Equipment Co. Ltd and U T Electronics, Trust Marketing/Akshar Telecom, United Teleservices Ltd., United Telecoms Ltd. and Priyanka Telecom Ltd.[Gionee]; Telefonaktiebolaget LM Ericsson (Publ) vs. Intex Technologies (India) Ltd; Vringo Infrastructure and ANR vs. ZTE Telecom India and ORS; Vringo Infrastructure and ANR vs. Nuage Techsol Pvt Ltd and ANR; Telefonaktiebolaget LM Ericsson (Publ) vs. Xiaomi Technology & Ors.

The matter related to M/S J.C. Bamford Excavators Ltd. and ANR [jointly JCB] vs. Bull Machines Pvt Ltd addresses another dimension in market related competition especially in the heavy engineering sector. The case related to "Competition Commission of India vs 17 Car Manufacturers in India Case No. C03/2011" is the first case in which various sections of the Competition Act has been put to test by the CCI and the Indian judiciary. The presentation will touch on these cases to highlight the trends in India vis-à-vis the CCI and the Indian Judiciary.

The judgments delivered till date demonstrate the interwoven complexities and the immediate need for a critical analysis of the technicalities and techno-legal interpretations linked to the Indian Competition Act and various laws related to IPR in India.

This paper studies the determinants of investment in legal advice by plaintiffs in patent litigation. A hand-collected sample of US patent litigation cases is used to identify the empirical factors that determine the number of legal counsels employed by the plaintiffs. It turns out that more valuable patents lead to a higher investment in legal advice. Large firms, and plaintiffs with large patent portfolios employ more counsels, whereas individual litigants employ fewer. Software patents are related to a lower investment by the plaintiffs. These findings help not only to understand the cost drivers of litigation but have also important implications for the discussions on software patents, and the role of the litigant status for litigation success.

On February 18th, 2015, the Tokyo District Court ruled that sending a notice to the infringers of FRAND patents stating that the proprietor has the right to obtain injunction would be considered to be a “false accusation” and is prohibited as “unfair competition” by the Unfair Competition Prevention Act Article 2 (xiv).

This decision was based on a preceding IP high court decision on the Japanese “Apple v. Samsung” case on May 16, 2014 which ruled that the assertion of the right to injunctive relief by a patent owner would be considered an abuse of patent rights when the infringer succeeds in proving in court to have been a willing licensee.

This presentation analyzes and discusses the legal and factual implications of the February 18th Tokyo District Court decision, which is an interesting development of the case law concerning FRAND patents in Japan, and the preceding May 16th IP High Court decision on which the Tokyo District Court case is based on. The decision, along with other relevant rules concerning damages in cases of patent infringement in Japan, greatly lowered the enforceability of FRAND declared patents, and is factually shoving the Japanese companies away from FRAND declarations, despite the intention of the court to enhance free usage of FRAND declared patents.

Ms.Yuzuki Nagakoshi is a Guest Researcher at Max Planck Institute for Innovation and Competition and she is an Overseas Researcher of the Institute of Intellectual Property and Japan Patent Office. She got her Bachelor’s Degree from University of Tokyo (Japan) and Master’s Degree from Tsinghua University (Beijing, P.R.China). Now she is a Doctorate Student of University of Tokyo. Area of her Expertise are Intellectual Property Law, Patent Law, Technology Transfer, Public Policy Analysis.

The Modi government has set up a "think tank" (so titled) to draft a new intellectual property law policy for India. Public consultations are currently ongoing on the draft policy that was submitted by the think tank in December 2014. However, there have been various news reports and commentaries suggesting that the new Indian right of centre government will succumb to US pressure and are in the process of maximising IP rights in India. The focus of these commentaries have almost entirely been on the changes that are likely to result in the pharmaceutical sector and the adverse consequenses with regard to access to affordable generics, not only in India but across other developing countries as well. In this paper, I examine the pattern of negotiations taking place between India and US, study developments in trade negotiations with the US since the Modi government came into power and explore these issues within the context of economic sanctions and international negotiation theories. Consequently, I argue that fear of the Indian government succumbing to US pressure with regard to changes to its patent policy is unfounded. I put forward the reasons why India will not give in to the demands made by the US pharmaceutical and biotechnology lobby.Sujitha is a Lecturer in Law at the University of Bristol School of Law since 2012. Her research interests focuses on the interaction between international intellectual property law and other areas of law and policy including competition law, trade law, economic law and environmental law. She has also worked in the area of public procurement and corruption with a focus on India and is interested in competition law and policy issues in developing countries. She is currently working on the intellectual property law-competition law interface in the refrigerant gas sector in Europe and its implications for access to green technology at the global level. Sujitha has published in various peer-reviewed journals including the International & Comparative Law Quarterly,International Journal of Economic Law, European Journal of International Law, Journal of Intellectual Property Law and Practice, and International Review of Intellectual Property and Competition Law, as well as in the European Intellectual Property Reviewand The George Washinton International Law Review (forthcoming). Sujitha began her academic career in 2008 as a Lecturer in Law at Aberystwyth University, Wales, UK. Sujitha completed her undergraduate law programme in India, and her master's degree in International Trade and Finance Law from the University of Aberdeen. She was granted a full studentship by the University of East Anglia to work on her doctoral studies and was linked to the ESRC Centre for Competition Law in Norwich when she completed her thesis. She has briefly worked as a lawyer in India and has also worked in the legal department of a French multinational, Thomson Multimedia (I) Pvt Ltd.