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6 J. Int'l Com. L. & Tech. 120 (2011)
Intellectual Property Law & Competition law

handle is hein.journals/jcolate6 and id is 120 raw text is: JICLT Intellectual Property Law & Competition Law Atul Patel, Aurobinda Panda, Akshay Deo, Siddhartha Khettry and Sujith Philip Mathew Kiit law School, Kiit University, India, aurobindapanda2003 kgmail. corn, Abstract. Competition law and intellectual property rights (IPRs) have evolved historically as two separate systems of law. There is a considerable overlap in the goals of the two systems of law because both are aimed at promoting innovation and economic growth. Yet there are also potential conflicts owing to the means used by each system to promote those goals. IP laws generally offer a right of exclusive use and exploitation to provide a reward to the innovator, to provide an incentive to other innovators and to bring into the public domain innovative information that might otherwise remain trade secrets. Competition authorities regulate near monopolies, mergers and commercial agreements with the aim of maintaining effective competition in markets. This article introduces the concept of IPRs and Competition law. It highlights important areas of conflict between the two laws and also deals with the Indian antitrust law. It concludes by trying to harmonize the conflicts. 1. Introduction Intellectual Property Rights (IPR) and Competition Law are both founded with the purpose of achieving economic development, technological advancement and consumer welfare. IPR are legal rights governing the use of such creations. This term covers a bundle of rights, such as patents, trademarks or copyrights, each different in scope and duration with a different purpose and effect.' Competition law seeks to prevent certain behaviour that may restrict competition to detriment consumer welfare. In short run, IPR encourages innovation and new products in the market, whereas in long run- Competition Law promotes consumer welfare by introducing new products to the market and maintaining the qualities of the goods in the market. Thus both are complementary means of promoting innovation, technical progress and economic growth to the benefit of consumers and the whole economy. IPRs and competition are normally regarded as areas with conflicting objectives. The reason is that IPRs, by designating boundaries within which competitors may exercise monopolies over their innovation, appear to be against the principles of competitive market and level playing fields sought by competition rules, in particular the restrictions on horizontal and vertical restraints, or on the abuse of dominant positions. IP Laws are monopolistic in nature. They guarantee an exclusive right to the creators and owners of work which are a result of human intellectual creativity. Also they prevent commercial exploitation of the innovation by others. This legal monopoly may, depending on the unavailability of substitutes in the relevant market, lead to market power and even monopoly as defined under competition law. It is an advantage granted to the owner over the rest of the industry or sector. When this advantage or dominant position is abused, it creates a conflict between IPR and competition law.2 'Jayashree Watal, Intellectual Property Rights in WTO and Developing Countries, 2001 (Oxford University Press), at 1-5 2 Adv. Vishnu S, Conflict Between Competition Law And Intellectual Property Rights (August 13, 2010) http://www.articlesbase.com/intellectual-property-articles/conflict-between-competition-law-and-intellectual-property-rights- 3106578.html#ixzzOyxtTOwdR 120

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