Intellectual Property and Standardisation: Key Aspects for an Innovative India Science, Technology & Public Policy 3, 2 (2019), 14 - 22 (
The telecom sector has been a pivotal force behind India’s digital transformation. Surge in data consumption and rapid adoption of new technologies continue to redefine connectivity and engagement dynamics in India. As the largest data consumer and the second largest smartphone market, India is carving out a new digital identity globally. At the same time such a digital transformation has been brought by innovative companies who wish to be compensated for their efforts, often via licensing. The first part of this paper will explain the impact of standardization on the Indian market. The second part will focus on the key role of an effective patent enforcement system in balancing standardisation contributors and implementers’ interests. On this regard, the paper analyses the changing patent landscape in India. It follows a brief review of the Indian jurisprudence relating to patents essential to a technical standard. Third, the paper will identify some of the main strengths and obstacles of the patent litigation system in this particular field, including some concrete proposals or suggestions for improvement in the latter. Finally, the paper will sketch some general conclusions.
