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5 Indian J.L. & Pub. Pol'y 45 (2018-2019)
Intellectual Property Rights and Competition Law: A Satisfactory Compromise in India

handle is hein.journals/ijlpp5 and id is 63 raw text is: INTELLECTUAL PROPERTY RIGHTS AND COMPETITION LAW: A SATISFACTORY COMPROMISE IN INDIA Aravind Prasanna' ABSTRACT While Intellectual Property Rights appear to incentivise the innovators by allowing the IPR holders to exclude others from commercially exploiting the IPR-protected innovations, the competition policies and legislations operates to promote competition in the market. The interplay between these two regulatory systems gained prominence with the increasing misuse of IPRs in hampering the competition in the market. The paper intends to study the relationship between IPR and Competition Law by analysing, separately, the perspectives and objectives of both the regulatory systems. Both the systems have their own boundaries, and an attempt is made in this paper to understand the boundaries of the systems. Developed economies such as European Union and United States are considered as the most advanced jurisdictions in terms of the interface between the two systems. The paper aims to make a brief study on the policies and the regulations established by the developed economies for resolving the IPR related competition concerns. The regulatory frameworks established by these developed economies have laid down substantial precedents to the developing economies like India for controlling the abuses oflPR that causes adverse effects on the competition in the market. The main objective of this paper is to study and analyse the regulatory framework of India in solving IPR linked competition issues, with the help of legislations and judicial decisions. Finally, the paper tries to answer the question as to whether the regulatory framework of India is adequate to address the IPR related competition issues. The author feels that a stricter approach is not necessary, considering the growth of lPR in India and the Competition Act has enough in it, to bring a satisfactory compromise between both the regulatory systems. 'The Author is final year B.A. LL.B (Hons.) student at VIT School of Law, Chennai. 45

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