IPR AND ANTITRUST IN GLOBAL CONTEXT: A SOCIO-ECONOMIC AND LEGAL COMPARISON BETWEEN ADVANCED AND EMERGING ECONOMIES

AUTHOR – VISHWAA S. CHAUDHARY, STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – VISHWAA S. CHAUDHARY, IPR AND ANTITRUST IN GLOBAL CONTEXT: A SOCIO-ECONOMIC AND LEGAL COMPARISON BETWEEN ADVANCED AND EMERGING ECONOMIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 289-299, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The complex relationship between Intellectual Property Rights (IPR) and Competition Law has become increasingly significant considering globalized markets and expanding innovation-driven economies. This paper explores how IPRs, which offer exclusive rights to creators and innovators, coexist and at times conflict with competition laws designed to foster market fairness and consumer welfare. Through a comparative analysis of developed and developing countries including the United States, United Kingdom, Japan, India, Malaysia, and South Africa, this research identifies how different jurisdictions reconcile the tension between promoting innovation and preventing monopolistic abuses. The paper highlights that while developed nations typically approach the issue through flexible antitrust frameworks and economic analyses, developing countries often struggle to strike the balance due to weaker legal infrastructure and economic priorities. Case studies from each jurisdiction illustrate key policy approaches, enforcement mechanisms, and legal interpretations. Ultimately, the paper argues that a nuanced, context-specific alignment between IP and competition law is essential for equitable and sustainable economic development.

Keywords: competition, intellectual property, developing countries, market economy, IP enforcement