Balancing Intellectual Property Rights And Competition Law In India: A Comparative Study With The European Union
- IJLLR Journal
- Mar 18
- 1 min read
Deepan Sunil R, Amity Law School, Noida
ABSTRACT
This paper looks at the tensions in Indian commercial law - the point where IP protection and competition regulation pull in opposite directions. The EU serves as a reference point, not because it has all the answers, but because it has been grappling with these questions for decades longer than India has. In India, these tensions carry real stakes. When the legal question is whether a pharmaceutical patent is being abused, the downstream consequences fall on patients, not just shareholders. What emerges from comparing the two systems is a picture of an Indian framework that is functional in parts but genuinely underdeveloped in others, particularly in how it handles SEP disputes, institutional coordination, and licensing clarity. The recommendations here are not about transplanting EU law into India. They are about identifying what India is missing and asking whether targeted, context-sensitive borrowing could fill those gaps for the betterment of the Indian system.
Keywords: Intellectual Property Rights, Competition Law, FRAND Licensing, Standard Essential Patents, Technology Transfer, Patent Evergreening, India, European Union.
