Interdependence Between Competition Law And Patents Law: A Pandora Box

Muskaan Singh & Jenul Bhati, UPES, Dehradun

ABSTRACT

Over the years, the pendulum between patent law and competition law has experienced wide swings. The quest for avoiding monopoly while at the same time encouraging inventions has been a prominent theme of legal discourse for several decades. One of the incentives to an inventor is his right to exclusivity over the exploitation of an innovation in the commercial market. On the contradictory, competition law aims to prevent monopoly and promote fair competition. Interestingly, in India, this issue is being sought to be managed solely through the judicial pronouncements with minimum clarity in the legislations This paper examines the which were overlooked by the Court. Due to the lack of specific guidelines regarding how to deal with the interphase between Competition Law and Patents Law.

The authors through an in-depth analysis of the recent judicial pronouncements will conclude whether the scope and application of the competition law of India is a deterrent to the very aim of patent law, i.e. to promote inventions and protect creator. The study further delves into the perspective of various jurists and the courts of law of other common law countries including UK and USA. To conclude, through this paper, the author suggests for providing such guidelines so as to allow and maintain the delicate balance between Patent Law and Competition Law.

Keywords: patent law, competition law, inventions, countries, commercial market