The Misconception of Monopoly of IPR in Competition Law: An Analysis of Conflict

  • Ankit Kumar
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  • Ankit Kumar

    Research Scholar at Central University of South Bihar, India

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It is generally viewed that Intellectual property protection and competition law conflict with each other as intellectual property law create and protects monopoly power, and the other seeks to exclude it. Is there really any conflict between IP protection and competition law? The protection of intellectual property rights is not per se violate any competition provisions. Rather its misuse trigger competition issues. The IP and Competition both play an important role in the development of the economy. IP Law provides monopoly and exclusive rights, but competition Law provides for fair competition. This relationship between both laws is important as when used fairly, it will result positively, but misuse of it can lead to harm to the economy as well as consumer welfare. The Competition Act makes provisions for limitations of the enjoyment of intellectual property rights as exemption given under Section 3(5) of the Indian Competition Act, 2002. The article will seek to establish current legal provisions on the subject as well as understand how the competition law and the other judicial bodies like CCI and court attempted to address the issues of monopoly conflict in India.




International Journal of Legal Science and Innovation, Volume 4, Issue 1, Page 785 - 792


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