IPR IN THE REALM OF COMPETITION: A CRITICAL ANALYSIS

AUTHORS – SHIVANI JOHRI* & VASVI TALWAR**, ASSISTANT PROFESSOR* & RESEARCH SCHOLAR** AT SHARDA UNIVERSITY

BEST CITATION – SHIVANI JOHRI & VASVI TALWAR, IPR IN THE REALM OF COMPETITION: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1623-1627, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

According to WIPO, Intellectual Property (IP) refers to creations of the mind, such as inventions; literary and artistic works; design; and symbols, names and images used in commerce. It is the creative work of the human intellect. Like any other property right, it gives the owner the sole right to benefit from their creation, for a specified period. Article 27 of the Universal Declaration of Human Rights provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.[3] It promotes science, technology, art etc. and can be associated with a nation’s progress in those fields and other related fields. Competition Law is the body of law that seeks to promote market competition by regulating the market. This regulation is done by monitoring any anti-competitive conduct on the part of businesses and regulating the same. The objective of competition law is to ensure that there is a fair marketplace for consumers to choose from and for producers to carry on their business. It seeks to prohibit unethical practices that are aimed at gaining a larger market share, which causes difficulty to smaller businesses and new businesses trying to enter the market.

S 3(5)(i) of the Competition Act, 2002 deals with IPR in Competition Law. The section excludes IPR from restrictive trade practices and attempts to resolve some of the contradictions. This is because intellectual property protection is, in fact, necessary as it is a prerequisite for innovation, which is why most laws, including Competition Law, gives a priority to IPR protection.

At first glance IPR and competition law are like fire and water, i.e., they operate against each other. This perception has somehow changed over time and the current belief is that they have converging notions.

Competition law is focused on limiting monopoly power and the goal is to protect and promote consumer welfare. On the other hand, IPR is focused on innovation by providing exclusivity to the owners to perform a commercial activity but this does not mean they can exert monopoly status in the market. Even though IPR grants the holder a preventive right, this right cannot be exclusive so as to grant monopoly status. This is where competition law comes in and if there is any anti-competitive practice or conduct on the part of the IPR holder, it is subjected to competition law. The Competition act, 2002 deals with IPR conflicts in a comprehensive manner.

Competition and innovation are two major components of any market economy. They are the pillars on which growth, development and efficiency are built, generated and enhanced. This research paper discusses the intersection between IPR and Competition Act.

KEYWORDS- IPR, Competition law, WIPO, Monopoly