Competition Law can regulate all those practices which are having an AAEC Application of Competition Law is debatable in certain areas.
IPR Legal Rights, which result from intellectual activity in the industrial, scientific, literary and artistic fields. Gives statutory expression to the moral and economic rights of inventors or creators in their inventions or creations.
1) Copyright and Related Rights; 2) Trade Marks; 3) Geographical Indications; 4) Industrial Designs; 5) Patents; and 6) Layoutdesigns of the Integrated Circuits.
The legal excise of IPR may have an adverse effect on Competition in the market. For Example:
Patent Pooling Cross Licensing Tie-in Arrangements Restrictive Conditions Refusal to Deal
In Anti-Competitive Agreements: Sec.3(5) of the Act exempts those reasonable agreements for the protection of IP Rights. Reasonability is a matter evaluated by CCI The justification for this exception is that there are sufficient provisions under IP Laws to prevent Anti-Competitive Practices.
No conflict
1. Objectives of IPR and CL is same Consumer Welfare CA, 2002 is not against Monopoly
2. Sec. 3(5) exception will not affect adversely
3. If dispute - both CCI and IP Authorities having jurisdictions ( Sec. 60, 61 & 62)
Whether in practice we should allow an IPR holder to exercise his legal right at the cost of competition in the market?
A balancing approach Consumer Welfare is necessary for
Thank You
Aneesh V. Pillai Faculty of Law Hidayatullah National Law University Raipur, Chhattisgarh