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Jurisdiction At Crossroads: Revisiting Patent Monopoly Through The Lens Of Competition Law




Mr. Abhinaba Niyogi, B.B.A. LL.B. (Hons.), School of Law, CHRIST (Deemed to be University), Delhi NCR, Uttar Pradesh


ABSTRACT


This article explores how competition law and patent law interact in India, particularly in the pharmaceutical sector, where both innovation and public access matter deeply. It examines whether the Competition Commission of India can intervene when companies use patent rights to dominate the market, particularly in light of recent court decisions. The article shows that these two legal frameworks are not necessarily in conflict and can be interpreted in ways that support both consumer welfare and innovation. It also highlights how practices such as excessive pricing by pharmaceutical companies can negatively impact patients and why competition law is important for addressing such issues.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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