Intersection of Patent Law and Antitrust Laws

Mr. Ambuj Mishra
Ph.D. Scholar, Department of Law, Faculty of Law, Dr. Ram Manohar Lohiya Awadh, University, Ayodhya, Uttar Pradesh, India

Volume II – Issue II, 2020

The author has chosen this topic for the purpose of drawing a line to the ongoing debate between the two important laws that are patent law and competition law. In its general sense, one can observe that both the laws are conflicting in nature as one promotes monopoly and the other restrains it. But the purpose of this project is to look into a deeper aspect of it, from where it can be derived that patent law does not always oppose competition but at times complements it by encouraging innovations which is also an important part for a free and competitive market. Thus, it might be for that reason that the regulation under competition law excludes patent law from its ambit. It is not actually the exclusive right of the patentee but the anti-competitive practices which are in real disagreement with competition policies. The author in this project will analyze all such anti-competitive practices carried out by the patent holders that extensively affect the market and competition policies and would also suggest measures to harmonize the two apparently conflicting laws.

Keywords: Patent, Competition Law, Anti Trust Law, Monopolization


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