BALANCING INNOVATION AND COMPETITION: ANALYZE INTERPLAY BETWEEN IPR AND COMPETITION LAW

AUTHOR – DEVANSHI BAJPAI, LLM SCHOLAR AT CORPORATE BANKING AND INSURANCE LAW, AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

BEST CITATION – DEVANSHI BAJPAI, SEBI TAKEOVER CODE: AMBIGUITIES, EXPLOITATIONS AND REFORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 82-92, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“Innovation is the calling card of the future.” – Anna Eshoo

Intellectual Property Rights (IPR) and Competition Law intersect at the delicate balance between fostering innovation and ensuring fair market competition. While IPR incentivizes creativity through exclusivity, unchecked monopolies can suppress competition and limit consumer choices. On the other hand, Competition Law prevents anti-competitive practices but, if overly stringent, may discourage research and development.

This research paper examines the complex interplay between these two legal frameworks, focusing on Indian jurisprudence and landmark cases like Ericsson v. Competition Commission of India and Google LLC v. CCI, which highlight issues such as patent abuse, predatory pricing, and refusal to license. It also explores statutory provisions, international practices, and concerns like patent thickets and evergreening.

By analyzing judicial precedents and legal principles such as Lex specialis derogat legi generali, the paper emphasizes the need for a balanced approach. It advocates for regulatory reforms, stricter oversight by the Competition Commission of India (CCI), and strategic use of compulsory licensing to prevent misuse of IPR while fostering competition.

With rapid technological advancements reshaping markets, India’s legal framework must evolve to protect both innovation and fair competition. This study offers insights and recommendations for a legal landscape where both objectives coexist effectively.

Keywords – Innovation, Market Fairness, Monopoly Power, Market Distortion, Abuse of Dominance, Anti-Competitive Practices, Cartelization, Price-Fixing, Predatory Pricing, Level Playing Field, Patent Abuse, Excessive Royalty Fees, Anti-Competitive Agreements, Market Monopolization, Consumer Exploitation.