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Competition Law And IPR

2192 Words9 Pages

ILS LAW COLLEGE
DIPLOMA IN CORPORATE LAW

Interface between IPR and Competition Law: The Indian Perspective

ARTICLE REVIEW

Mallika Shekhar III BSL.LLB
Introduction

This review is a study of two articles on the interface between IP Law and Competition law specifically in context of the Competition Act, 2002. The two articles bring out the traditional view that Intellectual Property Rights and Competition law are at odds with each other since the former designates boundaries within which competitors may exercise legal exclusivity (monopolies) over their innovation; therefore in principle, creating market power. IPRs are, therefore, at first sight, seen at variance …show more content…

For example, brand names such as Nokia, Samsung, Nike, Apple, Sony, etc have value, despite the fact that value attached to them is invisible. The value lies in the brand recognition, which is an intangible concept. Thus, Intellectual property is one of the forms of intangible property which commands a material value.

Intellectual property is that area of law that deals with protecting the rights of those who create original works. It is the primary source of encouragement towards investment in development of new technology. For example, the owner of a registered trademark has an exclusive right to use their mark for certain products or services, and can exclude others from using that mark with respect to those products or services.

IP Laws are monopolistic in nature as they guarantee an exclusive right to the creators and owners of work which are a result of human intellectual creativity. IPR were introduced because they were thought to be essential for further industrial and economic development. Economists put forth the view that, if everyone were allowed to use the results of someone else’s innovation and creation freely, the problem of “free rider” would arise, as a result of which no one would invest in innovation or creation and therefore IP laws become indispensable in today’s world …show more content…

Tough IPRs promotes monopoly and likely abuse of dominance of market power in the hands of the innovator, it helps in promoting innovation and economic growth as it encourages more and more investors to invest money in the R&D and also to utilize its application in efficient manner. It should be kept in mind that the only conflict arising between IPRs and competition laws as stated in the above discussions arises due to the monopolistic effect of the IPRs. It is to be kept in mind that IPRs provide short term monopolies (Patent-20years, Copyrights- life+60years). After the allotted time span, the monopoly in the hands of the innovator expires and it comes to public domain. In the absence of intellectual property rights, imitators could more rapidly exploit the efforts of innovators and investors without compensation. It can be concluded that both IPRs and Competition law goes hand in hand. As certain privileges are being given under the IPRs it is restricted by the enforcement of Competition laws. As rightly said in Indian laws, nothing (right) is absolute, every right comes with restriction, limitations and

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