ASSIGNMENT-1

(Submitted by- THANKAM KRISHNAN, A3211117327, SEC- E)

1. Discuss the intellectual property law aspects related to

telecommunication law in India?

ANSWER-
• Intellectual Property Rights (IPR) arise as an important tool of protection for
every field viz. Electronics, Biotechnology, Mechanical and to their related
industries. These industries are very well depending on IP protection; use it as
source of profit and as a strong weapon for protection from their competitors
in the country. In many legal cases such as Google vs Samsung, Micromax vs
Ericsson, Novartis-Gleevec case etc. IP act as a strong legal weapon for
protection.
• Telecommunication may be defined as a communication at a distance by
technological means, particularly through electrical signals or electromagnetic
waves.
• Telecom technology development is greatly driven by intellectual property
rights (IPR), innovations, patents and contributions to standard due to
enormous domestic market and steps forwarded Indian telecom technology
companies. With an ever-increasing awareness of IPR, several countries are
proactively using IPR reserves to realign their trade policies and influence
international standards.
• Current scenario, it was clearly observed that Indian telecom industry have the
potential to create a vivacious ecosystem that can compete with global market.
Earlier we have missed the 2G, the 3G and the 4G technology trend, now today
is the time for India to jump on to the platform of the next-generation (beyond
4G) technology. This requires creating a framework for IPR generation and
global standards participation with a thrust on indigenous product
development.

In 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. This case enlightened the new concept in the arena of Telecom IP laws i.e. Reasonable
and non-discriminatory terms (RAND), also known as Fair, reasonable, and non-
discriminatory terms (FRAND), are a licensing obligation that is often required by standard-
setting organizations for members that participate in the standard-setting process. 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. Under the FRAND terms and conditions any organization who are
offering a FRAND license are required to offer such license to anyone who may or may not a
member of such group. In these terms if any member who is offering licenses and without such
commitment, members could use monopoly power inherent in a standard to impose unfair,
unreasonable and discriminatory licensing terms that would damage competition and inflate
their own relative position. Under IP-Telecom regime Essential patents are very well declared
as standards for the entire industry and such standards are set by SSO only on the basics of
fair, reasonable and non-discriminatory terms to anybody ready to seek such a license. Such
an arrangement is considered to be a trade-off for the patentee because it ensures that its
patents are used by the entire industry, it will have to adhere to fair and reasonable terms.

2. Write a note on the Legal framework of the ITU?

ANSWER-
The International Telecommunications Union is a treaty organization of the United
Nations which has as members each country on the planet. It is also the oldest
telecommunications standards organization, dating back to 1865. It recently adopted
the name ITU as the name of its standards work, replacing the name International
Telegraph and Telephone Consultative Committee (in French the acronym was
CCITT). As an organization of governments, the ITU is also the most formal of the
formal telecommunications standards organizations.

The standards work in the ITU is divided into two sections, ITU-Telecommunications
(ITU-T) and ITU-Radiocommunications (ITU-R).

Each section is organized into Study Groups. Study Groups are divided in Working
Parties, and then further divided into Questions. The work in a Question is led by a
Rapporteur (French word meaning facilitator), and the working meetings are termed
Rapporteur meetings.

The ITU General Secretariat provides common services to support the activities of the
sectors. It also organises world and regional TELECOM exhibitions and forums as well
as smaller scale seminars and workshops, and publishes reports on trends,
developments and emerging issues. It is headed by a secretary-general who is
responsible for the overall management of the ITU and is assisted by a deputy
secretary-general.

ITU activities are funded mainly through a “free choice” system in which member
states and sector members select the number of contributory units they wish to pay from
a sliding scale that ranges from 40 units at the top end to one sixteenth of a unit at the
bottom. Because they do not have the same rights as member states, most notably the
right to vote, the value of a sector member unit is only a fraction of the value of a
member state unit (currently one fifth). The fees paid by associates in turn are fractions
of the value of a sector member unit, reflecting their more limited rights to participate
in ITU activities
3. Discuss the licensing regime in the Telecom Sector in India?

ANSWER-
A telecommunications licence authorizes an entity to provide telecommunications
services or operate telecommunications facilities. Licences also generally define the
terms and conditions of such authorization, and describe the major rights and
obligations of a telecommunications operator.

Licensing Objectives- Governments and regulators normally have several different

objectives for licensing telecommunications operators. Common licensing objectives
are set out below:
(i) Regulating Provision of an Essential Public
(ii) Expansion of Networks and Services and Other Universal Service
(iii) Privatization or Commercialization
(iv) Regulating Market Structure
(v) Establishing a Competition Framework
(vi) Allocation of Scarce Resources
(vii) Generating Government Revenues
(viii) Consumer Protection
(ix) Regulatory Certainty

The regulatory and policy framework encompassing the communications sector in India
comprises a number of statutes, rules, regulations, guidelines, etc, laid down by the
government of India. The primary statutes regulating the sector include:
• the Indian Telegraph Act 1885 (the Telegraph Act);
• the Indian Wireless Telegraphy Act 1933 (the Wireless Act);
• the Telecom Regulatory Authority of India (TRAI) Act 1997 (the TRAI Act);
• the telecoms policy amended from time to time, the latest being the National
Digital Communications Policy 2018 (the NDCP 2018), which was approved in
September 2018;
• the Broadband Policy 2004; and
• the Information Technology Act 2000 (the IT Act).

The licensing regime for the provision of the telecoms sector witnessed a sea change in
2013 with the introduction and implementation of the ‘unified licence regime’. The
unified licence regime has been implemented primarily with the objective of ‘one nation,
one licence’, as envisaged under the NTP 2012. It replaces the earlier regime where the
players were required to obtain separate licences for different telecoms services in India,
such as internet services, national long-distance (NLD) services, international long-
distance (ILD) services and so on.

The unified licence regime for the first time allows telecoms operators to offer all
telecoms services under one licence, subject to separate service authorisation for the
provision of different telecoms services, covered by the unified licence. The unified
licence covers within its ambit all the fixed, mobile and satellite services and
communication both on wireline and wireless media with full mobility, limited mobility
and fixed wireless access. The service authorisations covered by the unified licence are:
• access service;
• internet service;
• NLD service;
• ILD service;
• global mobile personal communication by satellite service;
• public mobile radio trunking service;
• very small aperture terminal closed user group service;
• Indian national satellite system mobile satellite system reporting service; and
• resale of international private leased circuit service.

Apart from freeing up the spectrum from the licence, the unified licence also bars cross-
holding in different telecommunications companies. In addition to the unified licence,
the DoT has also prescribed a registration process for infrastructure provider entities
wishing to do business in India. This registration process covers the providers of
telecoms infrastructure such as dark fibre, right of way, duct space and tower.

Under the Indian Telegraph Act, 1885 (ITA), the Central Government has exclusive right
to establish & maintain telecommunication and to grant license to operators.
• The Department of Telecommunications, Ministry of Communications and
Information Technology, Government of India (DOT)
• Wireless Planning & Coordination (WPC) wing of the DOT The Telecom
Regulatory Authority of India (TRAI)
• Telecom Dispute Settlement Appellate Tribunal (TDSAT)

India has adopted the WTO Basic Telecommunications Agreement, through the General
Agreement on Trade and Services (GATS) in April, 1997 and India has made specific
commitments to liberalize telecom services within India.

India has been granted certain exemption under GATS with regard to the
telecommunications services. Such exemptions are available for measures which relate
to the application of different accounting rates for: different operators/ countries covered
by International Telecommunication Services Agreement between Videsh Sanchar
Nigam Limited (VSNL) and various foreign operators and different neighbouring
countries covered by Telecommunication

It was also believed that launch of various government programmes such as Digital
India, Make in India and Startup India will help immensely in driving the growth of the
M2M/IoT industry in the country.