The Indian Cellular Association has submitted the report to various
government departments including telecom, electronics/IT and industrial
policy, highlighting the case of Swedish firm Ericsson which has
demanded 2 per cent royalty of total value of mobile phone from Indian
firms.
"This in complete contrast to regimes such as China, where 0.019 per cent royalty can be charged and USA, where the Courts have directed 0.5-2 per cent royalties to be charged on the value of smallest saleable practicing unit which is royalty on chipset value and not on the phone value," it said.
The report added: "There can never be any manufacturing set up in India since the global giants have cartelized and self declared their patents and they would be charging these incredibly high rates only from the Indians and not from the international companies."
When contacted Ericsson India said in a statement that company's rates for patents have been validated in over 100 agreements that it has entered into with other companies in the ICT industry, including other handset manufacturers.
"In the unfortunate event that, after numerous discussions, a license agreement cannot be reached, Ericsson seeks to have the court determine the appropriate royalty rate that should be paid for Ericsson's patents," it said.
Ericsson has sued Micromax and Intex seeking royalty on some of its patent technology used in mobile phones sold by these firms. The company has also sued Chinese mobile phone company Xiaomi in India on patent issue.
The ICA report claims however that if royalty rates sought by Ericsson are levied on Indian mobile phone makers, then other global players will follow suit pushing up production cost by 100 per cent, making them the most expensive companies of the world, it added.
The report has urged government to ensure that the rights and interests of the Indian firms is protected and conducive environment created to encourage local manufacturing.
"The same is only possible if the environment and protection granted to companies in China is extended in India as well as otherwise the discriminatory conditions between China and India would kill any initiatives being taken by the Industry in India," the ICA report said.
"This in complete contrast to regimes such as China, where 0.019 per cent royalty can be charged and USA, where the Courts have directed 0.5-2 per cent royalties to be charged on the value of smallest saleable practicing unit which is royalty on chipset value and not on the phone value," it said.
The report added: "There can never be any manufacturing set up in India since the global giants have cartelized and self declared their patents and they would be charging these incredibly high rates only from the Indians and not from the international companies."
When contacted Ericsson India said in a statement that company's rates for patents have been validated in over 100 agreements that it has entered into with other companies in the ICT industry, including other handset manufacturers.
"In the unfortunate event that, after numerous discussions, a license agreement cannot be reached, Ericsson seeks to have the court determine the appropriate royalty rate that should be paid for Ericsson's patents," it said.
Ericsson has sued Micromax and Intex seeking royalty on some of its patent technology used in mobile phones sold by these firms. The company has also sued Chinese mobile phone company Xiaomi in India on patent issue.
The ICA report claims however that if royalty rates sought by Ericsson are levied on Indian mobile phone makers, then other global players will follow suit pushing up production cost by 100 per cent, making them the most expensive companies of the world, it added.
The report has urged government to ensure that the rights and interests of the Indian firms is protected and conducive environment created to encourage local manufacturing.
"The same is only possible if the environment and protection granted to companies in China is extended in India as well as otherwise the discriminatory conditions between China and India would kill any initiatives being taken by the Industry in India," the ICA report said.
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