The Inevitable Connection between Intellectual Property and Competition Law: Emerging Jurisprudence and Lessons for India

Abstract

The laws on intellectual property rights (IPRs) and competition have evolved historically as two separate systems. The traditional role of competition law has been to promote efficiency in the market and thereby prevent market distortions whereas the role of IPR has been the promotion of innovations by granting protection and rights over inventions. The general perception is that there is an inherent tension between IPR and competition law. Proof for this is the rise in the number of intellectual property related competition cases in the recent past across jurisdictions. India too has had her share of litigations in the matter.<br>

The present study addresses the nexus between IPR and competition law in general with a focus on India. It also proposes to deliberate upon and discuss judicial decisions and policy measures undertaken in different jurisdictions so as to understand the nature of real-time disputes in other countries and to help formulate concrete guidelines for the effective working of Indian competition authorities and the patent offices.<br>

In conclusion, the study argues that the present Indian Competition Act, 2002 (as amended in 2009) is not equipped to deal with the interplay between competition provisions and intellectual property protection. It reflects on the lack of sufficient rules along with the deficit in sufficient case laws which makes the issue more complex and suggests that the Competition Commission of India (CCI) should come out with IPR and competition specific guidelines in order to deal with those cases.

</span>