Prerna Priya, Amity Law School, Noida
ABSTRACT
The object of this Dissertation is to assess the anti-competitive and pro- competitive effects of patent pooling in light of the competition laws in India. This paper also attempts to analyse the interrelation between Intellectual property an Antitrust Laws, and the legal validity of the same. As patent pooling is a nascent concept in the Indian jurisdiction, there is a need for a critical analysis as to how the patent pooling arrangements shall prevail under the Indian antitrust legal structure. Patent pooling may entail numerous economic benefits to the consumer in terms of ease of access to essential goods and increased competition in the market, however, in the absence of adequate regulations the same can also give way to collusive and anti- competitive behaviour between horizontal firms competing in the market. Patent pools can also be a case of cross-licensing of patents between horizontal players by way of an agreement which is per se anti-competitive under the competition laws in India. In light of the above statement, application of the per se rule will be deemed to be inappropriate because of the economically beneficial and pro-competitive effects of patent pools. This paper evaluates such effects of patent pooling on competition in the market. The article concludes by stating that patent pooling although not being prima facie anti-competitive in nature, can be consequentially anti-competitive, and adequate guidelines in respect of patent pools are necessary to ensure that the economic benefits are well received and the competition in the market is not diminished to the detriment of the consumer.
Keywords: patent pooling, IPR, Cross licensing, competition laws, patents.
