CONFLICT BETWEEN COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS: COMPARATIVE STUDY BETWEEN INDIA AND THE USA

Authors: SURIYA ADILA, Advocate from GUJARAT NATIONAL LAW UNIVERSITY

Best Citation – SURIYA ADILA, CONFLICT BETWEEN COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS: COMPARATIVE STUDY BETWEEN INDIA AND THE USA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 314-320, ISSN – 2583-2344.

ABSTRACT

The hallmark of contemporary modern world is technological advancement and rigorous economic activity. Technological advancements and economic activities have reached unimaginable heights and continue to grow even further. The end goal of this technological advancement and economic activity is to serve the people, primarily by increasing the standard of living of the people, or to put it in other words welfare of people is the end goal. The two most important laws, which the states use to oversee or regulate the sphere of technological and economic activity are Competition Law and Intellectual Property Rights laws.

Both the legal regimes, Competition Law and Intellectual Property Rights law, seek to serve the same purpose of economic development, enhancing innovation and technology, and welfare of the consumer. Thus, arises the interesting discourse of how two legal regimes, intending to serve the same purpose come into apparent conflict with each other. The simplistic answer to that question can be that it perhaps is the inclusionary approach of one and exclusionary approach taken by another that brings these two legal regimes into an apparent conflict with each other. The IPR law regime, though cannot be faulted for granting exclusionary rights to the inventor for her invention as it is just and fair that an inventor is rewarded for his creation, however again the emphasis must be welfare of people. Thus, the moot question that ultimately comes forth is, how are the rights of inventor balanced to ensure that the welfare of people is maintained, and the purposes of Competition Law is not defeated.