CIIPC Roundtable on Innovation, IP and Competition, April 1-2, 2016

The First Annual Roundtable on Innovation, Intellectual Property and Competition was inaugurated on 1st April 2016, with a welcome message from Prof. (Dr.) Ranbir Singh, the Vice Chancellor of National Law University, Delhi. The Vice Chancellor welcomed the guest from India. Introduction to the Centre for Innovation, Intellectual Property and Competition at National Law University, Delhi, was offered by Dr. Arul George Scaria and Mr. Yogesh Pai. They highlighted the role and objectives of CIIPC and introduced the team members.This was followed by a keynote address by Professor Christine Greenhalgh, Department of Economics, University of Oxford on the draft National IP Policy of India, specifically on the standard of inventive step in patent law, the patentability of software, the introduction of a utility model for patents, and the need for a codified trade secret law. The Dinner Keynote was wrapped up with a vote of thanks from Prof. (Dr.) G.S. Bajpai, the Registrar of National Law University, Delhi; and the night was capped off with a network dinner, where all the participants had an opportunity to get acquainted with each other.

On 2nd April 2016, the Roundtable discussions began with a session on ‘Innovation Economics: What can it teach IP Policy-making in India’, chaired by Prof. (Dr.) Prabuddha Ganguli, Ministry of HRD Chair on IPR, Tezpur University, Assam. The participants approached the issue of IP policy from an economic perspective, with a focus on the effect it may have on innovation. The consensus that emerged from this discussion was a need to gather and analyze empirical data in order to frame an effective IP policy that has desirable effects on innovation.

The second session on ‘Assessing the Role of Patents and Competition Policy in Technology Markets: Business and Regulation Perspective’ was chaired by Mr. Pravin Anand, Managing Partner at Anand & Anand. This session was enriched by diverse perspectives on the effect patent & competition law has/may have on the technology markets, as the participants represented different stake holders in the debate – including a Member of the Competition Commission of India, practitioners in the field of patent law, and a representative of business groups such as Qualcomm and Intel.

Lunch was followed by the highly anticipated third session on Intellectual Property and Competition Law in India: Issues of Jurisdiction & Role of Courts’, chaired by Prof. Jay Kesan, University of Illinois. This session was particularly relevant in view of the recent judgment of the Delhi High Court in Telefonaktiebolaget LM Ericsson v. Competition Commission of India & Anr., on the role of the CCI in patent – related matters. The participants were legal practitioners, who engaged in a critical analysis of the issue from a statutory as well as practical perspective.

The final session on ‘FRAND in India from a Comparative Perspective & the DIPP Discussion Paper on SEPs’ was chaired by Hon’ble Justice S. Ravindra Bhat, a sitting judge at the Delhi High Court. During this session, the participants considered the queries raised by the DIPP in the Discussion Paper on SEPs, and discussed the scope & ambit of Standard Setting Organizations (SSOs), as well as the nature & effect of FRAND obligations in India. The participation of Hon’ble Justice S. Ravindra Bhat greatly enriched the session, as his contribution added a much-needed judicial perspective on these issues.

The Rountable ended with official launch of the website of the Centre for Innovation, Intellectual Property and Competition ( www.ciipc.org ) by Hon’ble Justice S. Ravindra Bhat followed vote of thanks and high-tea.

Events and activities at CIIPC can be viewed at: http://ciipc.org/

CIIPC team can be reached at ciipc@nludelhi.ac.in