Aditi Inamdar, ILS Law College, Pune
ABSTRACT
Pillared on different set of ideals, IPR and Competition law are two important areas of law. The paths of IPR and Competition law have intersected on several occasions, the most recent being the Covid-19 pandemic. The pandemic opened a Pandora’s box of challenges and hurdles. Using doctrinal legal research method, the author delves into how competition and IPR policies changed due to the pandemic and how these two areas of law aided governments in responding to the chaos caused by the pandemic. This research paper also discusses contemporary topics which have been in the news – Vaccine equity and IP waiver. Lastly, some suggestions too have been given on maintaining an equilibrium between exclusive rights and fair competition.
Introduction
‘Law does not exist in vacuum’ – every law is made for a specific purpose. Broadly speaking, laws are made as a solution to problems in society. For example, as a solution to the issue of crime, The Indian Penal Code1 is in place. As society's problems become more complex, law evolves to address these issues. Different branches of law exist for different issues. Intellectual property rights and Competition law are two such important areas of law. Superficially, IPR and competition law may look unrelated. However, a deeper look into their fundamental principles reveals the complicated nature of the relationship between these two domains of law.
IPR deals with giving inventors and creators protection for their original creations. By conferring exclusive rights on the creator, it encourages and incentivizes them to create more intellectual property in a secure environment. Patents, trademarks, designs, etc. come under the purview of IPR. On the other hand, competition law focuses on maintaining fair competition in the market.
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