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Harmonizing Innovation And Fair Play: Exploring The Interplay Between Intellectual Property Rights And Competition Law




Rupanjana Roy, IILM University


ABSTRACT


This paper focuses on the imperative for a balanced and adaptive legal framework that fosters innovation without compromising the principles of fair competition. By navigating the intricate interplay between IPR and Competition Law, this research contributes to the ongoing dialogue surrounding the legal foundations of a dynamic and innovative global economy.


RESEARCH DESIGN:


A. Brief Overview - The article explores the balance between fostering innovation through intellectual property rights (IPR) and ensuring fair competition under antitrust laws. It examines the tension between protecting creators’ exclusive rights and preventing monopolistic practices that stifle market competition. The piece highlights key legal frameworks and case studies that illustrate how IPR and competition law can both complement and conflict with each other in a dynamic global marketplace.


B. Problem statement - The problem addressed in the article lies in the potential conflict between intellectual property rights (IPR), which incentivize innovation through exclusivity, and competition law, which aims to prevent anti-competitive practices and ensure a level playing field in the market. Thus, a balance between protection of creators' rights with the need for healthy market dynamics is needed.


C. RelevanceoftheStudy-Thestudyaddressesthegrowingneedtoreconcileintellectual property rights with competition law in today’s rapidly evolving markets. This is crucial for creating a balanced regulatory framework that promotes both technological advancement and market fairness.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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