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    IPR and Telecommunication

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    Harshit Chopra
    The document discusses a patent infringement case between Ericsson and Micromax regarding wireless technology patents. It then explains standard-setting organizations and their rules regarding patents for standards. The document also covers copyright law definitions for broadcasts and the exclusive rights of broadcasting organizations. Finally, it mentions statutory licensing for rebroadcasting published works.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    IPR and Telecommunication

    Uploaded by

    Harshit Chopra
    32 views9 pages
    The document discusses a patent infringement case between Ericsson and Micromax regarding wireless technology patents. It then explains standard-setting organizations and their rules regarding patents for standards. The document also covers copyright law definitions for broadcasts and the exclusive rights of broadcasting organizations. Finally, it mentions statutory licensing for rebroadcasting published works.

    Original Description:

    IPR and its relation to telecommunication laws

    Original Title

    IPR and telecommunication

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    The document discusses a patent infringement case between Ericsson and Micromax regarding wireless technology patents. It then explains standard-setting organizations and their rules regarding patents for standards. The document also covers copyright law definitions for broadcasts and the exclusive rights of broadcasting organizations. Finally, it mentions statutory licensing for rebroadcasting published works.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    32 views9 pages

    IPR and Telecommunication

    Uploaded by

    Harshit Chopra
    The document discusses a patent infringement case between Ericsson and Micromax regarding wireless technology patents. It then explains standard-setting organizations and their rules regarding patents for standards. The document also covers copyright law definitions for broadcasts and the exclusive rights of broadcasting organizations. Finally, it mentions statutory licensing for rebroadcasting published works.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 9

    Amity Law School

    IPR and Telecommunication


    PATENTS Amity Law School

    • ERICSSON VS. MICROMAX


    • Ericsson, world's biggest telecom network equipment maker
    filed a patent infringement suit against Micromax (Indian
    Telecom Giant), for allegedly infringing 8 of its telecom
    patents for a range of wireless technologies, including 3G,
    AMR and Edge
    Amity Law School

    • In telecom industry, Standard-setting organizations (SSO)


    are those industry groups that set common standards for a
    particular industry where there main motive is to ensure
    compatibility and interoperability of devices manufactured
    by different companies.
    Amity Law School

    • These groups owned certain rules that govern the patent


    ownership which they apply to the standards they adopt.
    These ownership rights comprises of patent rights apply on
    standards which are based on "Reasonable and Non-
    Discriminatory Terms" (RAND) or on "fair, reasonable, and
    non-discriminatory terms" (FRAND).
    • Standardsetting organizations include this obligation in their
    bylaws as a means of enhancing the pro-competitive
    character of their industry.
    Amity Law School

    • They are intended to prevent members from engaging in


    licensing abuse based on the monopolistic advantage
    generated as a result of having their intellectual property
    rights (IPR) included in the industry standards.
    • According to the SSOs, the determination of standards
    depends on consensus, driven by their members. After a
    standard is determined, patent owners (including Ericsson)
    voluntarily disclose which of their patents are essential to the
    determined standard, and, undertake to licence these on fair,
    reasonable and non-discriminatory (FRAND) terms, to any
    willing licensee.
    Copyright Amity Law School

    • The Copyright Act defines ‘broadcast’ which means


    communication to the public-(i) by any means of wireless
    diffusion, whether in any one or more of the forms of signs,
    sounds or visual images; or (ii) by wire, and includes a re-
    broadcast.
    • Every broadcasting organization has a special right called
    the “broadcast reproduction right” in its broadcasts. The
    rights subsist for twenty-five years from the beginning of the
    calendar year next following the year in which the broadcast
    is made. 
    • During this period the broadcasting organization’s exclusive rights are
    Amity Law School

    said to be infringed if any person, without license:


    • rebroadcasts the broadcast; or
    • causes the broadcast to be heard or seen by the public on payment of
    any charges; or
    • makes any sound recording or visual recording of the broadcast; or
    • makes any reproduction of such sound recording or visual recording
    where such initial recording was done without licence or, where it
    was licensed, for any purpose not envisaged by such licence; or
    • sells or gives on commercial rental or offer for sale or of such rental,
    any such recording or visual recording referred to clause (iii) or
    clause (iv).
    STATUTORY LICENCE FOR REBROADCASTAmity Law School
    • The amendments were made in 2012 which granted statutory
    license to broadcasting organisations desiring to broadcast
    already published literary, musical works or sound
    recordings. They can now do so provided they fulfil certain
    conditions like paying royalties to right owners as per the
    rates fixed by Copyright Board, mentioning names of
    performers or artists in the broadcast among others
    Amity Law School

    • Trademark

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