IPR & Competition Law: An Overview and its Implications

  • Merin Joyson and Shibina Eldhose
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  • Merin Joyson

    LLM Student in India.

  • Shibina Eldhose

    LLM Student in India.

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Intellectual Property rights deal with the creative works of the innovator which gives exclusive rights to them. Competition law on the other side seeks to benefit the consumers by avoiding market barriers by ensuring increasing the quality of suppliers of goods and services to effectively compete with each other. The relation between these areas imposes a greater challenge to the makers of the law, especially in countries that are developing. Competition and Intellectual Property law are very much required in a regulated type of market economy. They are in conflict with each other but they almost have the same goal which is to reach efficiency and social welfare in the market. But because there are differences in the approaches and methods in achieving the goal there it leads to conflict among them. The policy of IPR is basically to promote novel innovations which can ultimately be useful to the consumers. Thus, the development and encouragement of these are considered to be important. Under competition law, the provisions ensure fair competition in the market and restrict abuse of dominant position and anti-competitive practices. The economic loss that can arise by not taking into account the complementary nature is very important for the development of the country when it is compared with the international markets. Thus, there need to be a stronger and more efficient legal framework is required for facilitating the intersection of the two laws relating to it. Here, this study aims to acquire in-depth knowledge about competition & IPR law. It deals with balancing intellectual property and competition policies in the market and the conflict between the two which has resulted in the strengthening of IP protection on the universal scale. In this paper, we also discuss the provisions of the Indian competition act and the court’s opinion relating to this in various jurisdictions. The same shall be carried out by analyzing the provisions of both laws and the related legal aspects.


Research Paper


International Journal of Legal Science and Innovation, Volume 4, Issue 2, Page 110 - 124

DOI: https://doij.org/10.10000/IJLSI.111428

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