AN ANALYSIS OF INTERPLAY BETWEEN COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS IN HEALTHCARE SYSTEM
AUTHOR – SIMONE AGARWAL1 & DR. MEENU GUPTA2. STUDENT1 AND FACULTY2 AT AMITY LAW SCHOOL, NOIDA
BEST CITATION – SIMONE AGARWAL & DR. MEENU GUPTA, AN ANALYSIS OF INTERPLAY BETWEEN COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS IN HEALTHCARE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) of 2024, Pg. 56-63, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
This research paper explores the intricate relationship between competition law and intellectual property rights (IPRs) within the healthcare sector. It examines how competition law principles intersect with the protection of IPRs, focusing on their impact on innovation, accessibility, and affordability of healthcare products and services. Through case studies and comparative analysis, the paper discusses the challenges of balancing competition and IPRs, highlighting the need for regulatory frameworks that promote both innovation and consumer welfare. It concludes with policy recommendations aimed at fostering a harmonious coexistence between competition law and IPRs to ensure equitable access to healthcare while incentivizing continued innovation.
Keywords: Healthcare, Accessibility, Consumer Welfare, Competition Law, Intellectual Property Rights