PATENT-COMPETITION INTERFACE IN INDIA

AUTHOR – VIDUR PANDIT, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – VIDUR PANDIT, PATENT-COMPETITION INTERFACE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 406-417, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This article explores the complex interplay between patent rights and competition law in India, focusing on how the legal system navigates conflicts between intellectual property protection and the preservation of market competition. Anchored in the Competition Act, 2002 and the Patents Act, 1970 (as amended post-TRIPS), the article analyses how regulatory and judicial frameworks respond to alleged abuses of patent rights particularly in high-stakes sectors such as telecommunications, pharmaceuticals, and agriculture. Key case studies, including Ericsson v. Micromax and Monsanto v. CCI, illustrate the evolving jurisprudence on standard essential patents (SEPs), FRAND obligations, and the jurisdictional overlap between the Competition Commission of India (CCI) and civil courts. The article critically evaluates the divergent views of single and division benches of the Delhi High Court on whether competition law can scrutinize patent-related conduct, especially excessive pricing and discriminatory licensing. It concludes by emphasizing the need for clearer statutory demarcation, procedural efficiency, and harmonization with global practices to ensure that innovation incentives do not result in market exclusion or consumer harm.