Beyond Monopoly: The Role Of IPR's In Market Dynamics

Adwaid. M. S, BBA LLB (Hons), Government Law College Kozhikode

ABSTRACT

This article delves into the intricate relationship between Intellectual Property Rights (IPR’s) and market dynamics, exploring how IPR’s shape competition, innovation, and consumer choice. While IPR’s offer exclusive rights to creators, fostering innovation, they can also create barriers to market entry, particularly for smaller firms. The article examines the role of IPR’s in the digital market, where they are essential for protecting innovations but can also be used strategically to maintain dominance. It analyses the tension between IPR’s and competition law, highlighting the need for a balanced approach that encourages innovation without hindering competition. The article discusses the challenges and criticisms associated with IPR’s, such as overprotection, high licensing fees, and enforcement disparities. Ultimately, it emphasizes the importance of a nuanced understanding of IPR’s to ensure their effective contribution to a dynamic and competitive market.

Keywords: Intellectual Property Rights (IPR’s), Innovation, Market Competition, Market Entry, Digital Economy, Platform Industries, Competition Law, Patent, Copyright, Trademark, Licensing, Technology Transfer, Open Science, Patent Thicket’s, Ever-greening.