Alagapan. K, Tamilnadu Dr. Ambedkar Law University, Chennai
ABSTRACT
In several places in India, the connection between the patent law and the competition law is a matter of debate. To exclude the competitors from using one’s own patented innovation, there is a lot of conflicts arising to the competition commission to make jurisdiction over the patent owner’s rights. This has also come up to be an issue in a case before the Delhi High court. There were various issues that had been looked upon by the court in the case, to clarify the conflicts which were arising in between the Indian patent office and the Competition commission of India. The courts are in position to deal cases like this as the competition law and patent law lack some regulations, to deal with the conflicts arising between them. The European Union and the United States have made regulations that would guide the conflicts arising between the patent law and the competition law, but India lacks in such regulations and guidelines. Hence, to strike a balance without conflicting each law, there must be proper regulations and guidelines set forth by India.
Keywords: Competition Law, Patent Law, Anti-Trust Act, Competition Commission of India, Indian Patent Office. European Union, United States, Intellectual Property Law.
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