Balance of Competition and Intellectual Property Laws in the Indian Pharmaceutical Sector

Abstract

The intellectual property regime in India grants a certain degree of monopoly rights, while the competition law tries to control such monopolies, requiring a balance between these two, while judging the parameters of developmental needs and economic situation, and needs and demands of the domestic scenario. The paper addresses the questions: (a) whether this balance is necessary? (b) whether the two regimes are balanced well? (c) whether other external measures are required?, and a comparison of all these with the international standard.