Editorial Analysis 3 May 2024

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Crisis Brewing in India: Technology Companies and Standard Essential Patents

Introduction;

• Description of the issue: Potential crisis in India over the wielding of Standard Essential Patents (SEPs) by technology companies against the telecom manufacturing sector.
• Implications: Direct impact on India’s efforts to develop a domestic manufacturing industry for cellular phones.

Understanding Standard Essential Patents (SEPs)

• Definition and importance: SEPs cover technologies adopted as industry standards, ensuring interoperability in cellular phones.
• Privatized standardsetting process dominated by Standard Setting Organizations (SSOs).

Challenges with the Current Model;

• Patent holdup problem: Lack of alternatives leading to extortionate royalties and anticompetitive practices.
• Failed selfregulation by the technology industry, evidenced by record fines imposed globally.

Effect of Judicial Response

• Judicial lethargy and activism at the Delhi High Court.
• Delayed response to competition law issues regarding SEP licensing practices.
• Unprecedented “interim” remedies impacting manufacturers’ working capital.

Impact on Manufacturing Sector;

• Negative effect on government’s efforts to attract investment in manufacturing.
• Questioning the rationale of incentives to manufacturers while neglecting SEP regulation.

Case of Europe;

• European Parliament’s regulatory measures for SEPs.
• India’s need for similar or stronger regulatory measures due to lack of influence in standard selection and international patent enforcement agreements.

Conclusion;

Urgency for Indian government intervention to regulate SEPs. Imperative to prevent further damage to India’s manufacturing aspirations.

Advancing Gender Equality: The Menstrual Leave Debate in India

Legislators’ Efforts and Bills;

• Overview of legislative attempts: Private Member Bills introduced by various Members of Parliament (MPs) such as S. Jothimani, Ninong Ering, Shashi Tharoor, and Hibi Eden.
• Description of the proposed Bills and their objectives regarding menstrual rights and entitlements for women.

Judicial Response and Government Stance;

• Supreme Court’s refusal to entertain a public interest litigation on menstrual leave, stating it’s within the policy domain of the government.
• Central government’s refusal to agree on a policy for menstrual leave by December 2023, as reflected in the Bharatiya Janata Party and Congress party manifestos for the 2024 general election.

Progressive Initiatives in India and Asian Countries

• Historical context: Kerala’s early recognition of period leave in 1912 and recent initiatives like introducing menstrual and maternity leave for students.
• Comparison with Asian countries: Legislative efforts in Japan, Indonesia, South Korea, Taiwan, and Vietnam to address menstruationrelated issues.
• Critique of progress in the western world, excluding Sweden and Spain.

Challenges Faced by Women Laborers;

• Documentation of menstrualrelated absences leading to hysterectomies among women laborers in Maharashtra and Telangana.
• Advocacy for recognizing menstrual leave in labor laws such as the Mahatma Gandhi National Rural Employment Guarantee Act and industrial labor laws.

Call for Greater Gender Sensitivity;

• Importance of policy solutions addressing gender inequalities rooted in sociocultural and biological factors.
• Role of political parties in recognizing menstrual leave as a step towards promoting women’s rights and gender equality.

Conclusion;

The significance of menstrual leave in challenging taboos and promoting gendersensitive policies. Implications of political parties’ acknowledgment of the issue for advancing women’s rights in India.

Charting the Course: Building Viksit Bharat through Strategic Diplomacy

Introduction;

• Overview of the pathway to achieving Viksit Bharat (Developed India) in the next 25 years.
• Emphasis on the importance of a clear national vision, political stability, and international environment.

Strategic Foreign Policy;

• The shift towards a “Bharat First” approach since 2014, focusing on national interests and multivector diplomacy.
• Emphasis on maximizing partnerships and minimizing challenges, with a strong assertion of India’s relevance in global affairs.

Promoting National Strengths;

• Importance of expanding manufacturing and technology as foundations for national development.
• Need for leapfrogging in critical and emerging technologies through international collaboration and effective diplomacy.

Strategic Autonomy and Security;

• Quest for strategic autonomy in the postCovid world, emphasizing the importance of “Make in India” for economic and national security.
• India’s potential as a global hub for research, design, and innovation, facilitated by intensive engagement with international partners.

Harnessing Indian Skills and Talent;

• Recognition of Indian skills and talent, enhanced by trust and transparency in the digital domain.
• Expansion of education and training capacities to meet new demands, with a focus on compatibility with Indian values and practices.

Connectivity and Resilience;

• Implications of conflict and climate change for connectivity and logistics, necessitating derisking through international collaboration.
• Focus on key initiatives like the IMEC corridor, INSTC, and Trilateral Highway to enhance connectivity.

Security and Political Balances;

• India’s engagement in initiatives like Quad, BRICS, I2U2, SCO, and East Asia Summit to ensure security and political balances.
• Importance of a Vishwa Bandhu (Global Friend) approach to navigate partnerships and conflicts effectively.

Conclusion;

The critical role of strategic diplomacy in building Viksit Bharat, emphasizing national interests, partnerships, and resilience in a changing world.