NAVIGATING THE INTERSECTION OF COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS IN INDIA: TOWARDS CLARITY AND BALANCE

AUTHOR – AKRITI GUPTA & RUSHI P UPADHYAY, SCHOOL OF LAW, ALLIANCE UNIVERSITY, BANGALORE

BEST CITATION – AKRITI GUPTA & RUSHI P UPADHYAY, NAVIGATING THE INTERSECTION OF COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS IN INDIA: TOWARDS CLARITY AND BALANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 760-770, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This paper delves into the nuanced relationship between competition law and intellectual property rights (IPR) in India, particularly focusing on the provisions outlined in §3(5) of the Competition Act. While this section allows IPR holders to impose certain conditions or restrictions to safeguard their rights, the criteria for determining the reasonableness and necessity of such conditions remain ambiguous. Through an analysis of past cases and existing legal discourse, this study underscores the pressing need to revisit competition policy concerns surrounding IPR agreements in India. It argues for greater clarity and predictability in the evaluation process of these conditions to ensure a balanced approach that considers both anti-competitive and pro-competitive effects. Drawing on insights from jurisdictional conflicts and international best practices, the paper proposes the introduction of mandatory consultations between competition law and IP authorities to assess the extent of protection offered by IPR and the necessity of imposed conditions. Furthermore, it emphasizes the importance of considering various factors such as public interest, innovator and licensee positions, innovation strength, and competition effects in evaluating these agreements. To strengthen the application of competition law and IP law, the paper recommends the formulation of comprehensive guidelines by regulatory bodies in consultation with stakeholders, outlining the assessment process under §3(5) of the Competition Act. By advocating for a clearer framework and collaborative approach, this study aims to foster a conducive environment for innovation and competition while safeguarding the rights of intellectual property holders.

Keywords: Competition law, Intellectual property rights, §3(5) of the Competition Act, Reasonableness, Necessity, India, Jurisdictional conflicts, Pro-competitive effects, Anti-competitive effects, Regulatory guidelines.