Intellectual Property And Competition Law's Inevitable Relationship

Intellectual Property And Competition Law's Inevitable Relationship: New Jurisprudence And Lessons For India

Harshita Garg, Assistant Legal Manager - Mamaearth (Honasa Consumer Limited) & Alumni – ILS Law College, Pune.

ABSTRACT

Competition law and Intellectual Property (“IP”) law have traditionally developed independently. Historically, competition law aimed at encouraging market efficiency and, by extension, to avoid market distortions, whereas IP law's focus has been on fostering innovation by providing legal protection for new creations. The common belief is that IP rights and antitrust regulations are at odds with one another. The recent uptick in intellectual property-related competition litigation across legal systems is indicative of this trend. Several judicial cases in India have addressed this same topic. Examining how IP laws and antitrust regulations intersect in India is the focus of this paper. The study also proposes deliberating and discussing judicial rulings and policy initiatives from diverse jurisdictions. Based on the findings, it becomes evident that the Indian Competition Act of 2002 fails to adequately address the interplay between competition and intellectual property laws. Acknowledging the intricacies of this matter, particularly the dearth of pertinent regulations and legal case law, the study advocates for the Competition Commission of India (CCI) to issue specialized directives concerning IP and competition matters.