From Innovation To Exclusion: Reassessing The Intellectual Property Rights, Competition Law Interface In Digital Markets

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Tamanna, LLM, Shree Guru Gobind Singh Tricentenary University, Gurugram

ABSTRACT

The rapid growth of digital markets has transformed traditional understandings of innovation, competition, and market power. While Intellectual Property Rights (IPRs) remain essential for encouraging technological advancement and rewarding innovation, their interaction with Competition Law has become increasingly complex in the digital economy. The emergence of data-driven platforms, network effects, platform ecosystems, and technology-based market structures has enabled firms to acquire and maintain significant market power, raising concerns regarding exclusionary conduct and barriers to competition. This paper examines the evolving relationship between Intellectual Property Rights and Competition Law, with particular emphasis on the Indian legal framework. It analyses the extent to which intellectual property protection may contribute to market dominance and explores the role of competition law in addressing anti- competitive practices without undermining incentives for innovation. The study further examines issues relating to data concentration, platform dominance, Standard Essential Patents (SEPs), FRAND commitments, and exclusionary practices in digital markets. It argues that Intellectual Property Rights and Competition Law should not be viewed as conflicting legal regimes but as complementary mechanisms that collectively promote innovation, consumer welfare, and economic efficiency. The paper concludes that an effects-based and balanced regulatory approach is necessary to ensure that intellectual property protection continues to encourage innovation while preserving competitive opportunities in the digital economy.

Keywords: Intellectual Property Rights, Competition Law, Digital Markets, Market Power, Platform Dominance, Standard Essential Patents, Innovation.

273. FROM INNOVATION TO EXCLUSION- REASSESSING THE INTELLECTUAL PROPERTY RIGHTS, COMPETITI

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