Raju KD
IIT Kharagpur, India and Life Member, Indian Society of International Law,
New Delhi
India
Review Article
Interface between Competition law and Intellectual Property Rights: A Comparative Study of the US, EU and India
Author(s): Raju KDRaju KD
It is generally viewed that Intellectual property protection and competition law are odds with each other. Is there really any tussle between intellectual property protection and competition law? Intellectual property law creates and protects monopoly power and the other seeks to exclude it. IP exclusion provisions are included in the Indian Competition Act, 2002 in Section 3(5). This is to provide enforcement to intellectual property rights. But protection of intellectual property rights are not per se violates any competition provisions. The objective of competition law is to prohibit anti-competitive practices and the objective of both the stream is wealth maximization in any economy. Intellectual property protection is necessary to foster innovation and choices of products in the market. It infuses efficiency in the market and increases consumer welfare.India is in the nasce.. View More»
DOI:
10.4172/2375-4516.1000115