CONFLICT BETWEEN COMPLETION LAW AND INTELLECTUAL PROPERTY RIGHTS

Abstract

As two distinct and distinct structures, the rules on intellectual property rights and competition have traditionally evolved. Traditionally, competition law has played a role in fostering healthy market competition and in so doing preventing market distortions, while intellectual property rights have played a role in promoting innovation and creative ideas through the provision of protection and rights over prototypes. The common view is that the conflict between intellectual property rights and competition law is inevitable. Evidence of this is the increase in the number of antitrust cases relating to intellectual property across jurisdictions. India has had its fair share of lawsuits as well. This paper deals with the relation between intellectual property rights and competition law, with an emphasis on India. It also recommends that judicial decisions and legislative initiatives conducted in various jurisdictions be deliberated on and debated. The article ends by discussing the new Indian Competition Act 2002 (as amended in 2009) and the interplay between the provisions on competition and the defence of intellectual property.