Conflict between Competition Law and Intellectual Property Rights

Competition Law and its conflict with IPR

Author: VS Warrier

In pursuit of globalization, India has responded positively by opening up its economy, removing controls and resorting to liberalization. In quest of increasing the efficiency of the nation’s economy, the Government of India acknowledged the Liberalization Privatization Globalization era. As a result Indian market faces competition from within and outside the country. This lead to the need of a strong legislation to dispense justice in commercial matters and the Competition Act, 2002 was passed.

Healthy and fair competition has proven to be an effective mechanism which enhances economic efficiency. Therefore the purpose of implementing the competition law was to curb monopolies and encourage competition in Indian market. Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Continue reading “Conflict between Competition Law and Intellectual Property Rights”