Innovation V. Antitrust: The Antitrust-Patent Interface
- IJLLR Journal
- 25 minutes ago
- 1 min read
Kanta Krishna, B.A. LL.B., NMIMS Kiri P. Mehta School of Law
Tanvi Mehta, B.A LL.B., NMIMS Kiri P. Mehta School of Law
ABSTRACT
Antitrust laws and intellectual property rights have often been perceived as conflicting, due to their opposing objectives. On one hand, antitrust laws aim to limit concentration of economic power and foster fair competition. Whereas, IPR laws grant exclusivity to further innovation. However, both ultimately serve the same goal which is enhancing consumer welfare and incentivising innovation. This article aims to establish the dual objective of fostering innovation through IP rights while also ensuring market competition remains fair and dynamic, through a detailed examination of key cases and regulatory practices. It also draws comparisons with international perspectives. Judicial precedents, such as Ericson v. CCI and Monsanto v. Nuziveedu Seeds, establish that exclusivity under IPR does not necessarily mean unrestricted market access, and competition law intervenes only when consumer interests are affected or market competition is distorted. The article further analyses emerging challenges like Standard Essential Patents (SEPs) along with its associated regulatory frameworks such as FRAND licensing, concluding with the need to find a balance between the two regimes.
Keywords: Patent Law, Competition Law, Standard Essential Patents (SEP), FRAND licensing.
