Convergence Of Intellectual Property And Competition Policy

Sreejit Nair, Symbiosis Law School, Pune

ABSTRACT

Intellectual property (IP) law and competition law may appear to be at odds in the legal system, but as science and technology evolve at an unstoppable rate, it is clear that these two legal fields coexist and even advance technology-driven marketplaces. In the modern world, wealth is largely created through research and innovation, and IP protection rules act as catalysts for this. Still, the question remains: does the protection provided to inventors interfere with the free market, and do both of these legislative spheres overlap in their areas of operation? This article specifically focuses on the interaction between Indian competition law and intellectual property, especially how patent law functions in combination regulation.

The term "combination" refers to the purchasing of one or more businesses by one or more people as well as the merging and combining of businesses. The worth of assets, including patents and other intellectual property, that both the acquirer and the acquiree own is specified by law as a criterion for a merger, along with turnover value. It is at this point that the importance of IP in combination discussions becomes clear. As a result, the goal of this essay is to evaluate, understand, and suggest several strategies for striking an acceptable equilibrium between these two demanding legal fields.