Intellectual Property Disputes

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A Legal Analysis of Koninklijke Philips Electronics N.V. v. Maj. (Retd.) Sukesh Behl & Anr.: Patent Enforcement and Infringement Liability

Introduction

The case of Koninklijke Philips Electronics N.V. v. Maj. (Retd.) Sukesh Behl & Anr. is a landmark judgment in Indian patent law, particularly concerning Standard Essential Patents (SEPs) and intellectual property enforcement. This judgment resolves three interconnected suits filed by the Plaintiff Philips relating to the infringement of Indian Patent No. 218255, which pertains to a “Method of Converting Information Words to a Modulated Signal”.Continue Reading A Legal Analysis of Koninklijke Philips Electronics N.V. v. Maj. (Retd.) Sukesh Behl & Anr.: Patent Enforcement and Infringement Liability

Arbitrable or Not – India at Crossroads

As a rule, arbitral tribunals have been considered capable of adjudicating every civil or commercial dispute, which can be decided by a civil court, subject to: (i) the dispute being covered under the arbitration agreement; (ii) the party/ parties to the dispute referring the same to arbitration and (iii) the disputes being capable of adjudication and settlement by arbitration.

Having said that, the most contentious issue debated on arbitrability has been “subject-matter arbitrability” i.e. whether the disputes are capable of adjudication and settlement by arbitration. Historically, several disputes in India have been considered ‘non-arbitrable’ on the ground that the subject matter of the dispute is not capable of resolution by arbitration under the Indian law. This has largely been in line with the UNCITRAL Model Law, which permits domestic courts to set aside an arbitral award based on “subject-matter arbitrability”, under the domestic law[1].
Continue Reading Arbitrable or Not – India at Crossroads?