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.


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