Intellectual Property Law & Competition Law

Journal of International Commercial Law and Technology, Vol. 6, No. 2, pp. 120-131, 2011

11 Pages Posted: 20 Sep 2011

See all articles by Aurobinda Panda

Aurobinda Panda

KIIT University - KIIT School of Law

Atul Patel

KIIT University - KIIT School of Law

Akshay Deo

KIIT University - KIIT School Of Law

Siddhartha Khettry

KIIT University - KIIT School Of Law

Sujith Philip Mathew

affiliation not provided to SSRN

Date Written: November 1, 2010

Abstract

Competition law and intellectual property rights (IPRs) have evolved historically as two separate systems of law. There is a considerable overlap in the goals of the two systems of law because both are aimed at promoting innovation and economic growth. Yet there are also potential conflicts owing to the means used by each system to promote those goals. IP laws generally offer a right of exclusive use and exploitation to provide a reward to the innovator, to provide an incentive to other innovators and to bring into the public domain innovative information that might otherwise remain trade secrets. Competition authorities regulate near monopolies, mergers and commercial agreements with the aim of maintaining effective competition in markets. This article introduces the concept of IPRs and Competition law. It highlights important areas of conflict between the two laws and also deals with the Indian antitrust law. It concludes by trying to harmonize the conflicts.

Keywords: Intellectual Property Rights (IPR), Monopolistic Rights, Competition Law, TRIPS Agreement, Internationalize Intellectual Property Antitrust Rules, Antitrust Law

JEL Classification: Q34, K21

Suggested Citation

Panda, Aurobinda and Patel, Atul and Deo, Akshay and Khettry, Siddhartha and Mathew, Sujith Philip, Intellectual Property Law & Competition Law (November 1, 2010). Journal of International Commercial Law and Technology, Vol. 6, No. 2, pp. 120-131, 2011. Available at SSRN: https://ssrn.com/abstract=1912514

Aurobinda Panda (Contact Author)

KIIT University - KIIT School of Law ( email )

PATIA
P.O. KIIT
Bhubaneswar, Orissa 751024
India
+91-9658577326, +91-9937161118 (Phone)

Atul Patel

KIIT University - KIIT School of Law ( email )

PATIA
P.O. KIIT
Bhubaneswar, Orissa 751024
India

Akshay Deo

KIIT University - KIIT School Of Law ( email )

PATIA
P.O. KIIT
Bhubaneswar, Orissa 751024
India

Siddhartha Khettry

KIIT University - KIIT School Of Law ( email )

PATIA
P.O. KIIT
Bhubaneswar, Orissa 751024
India

Sujith Philip Mathew

affiliation not provided to SSRN ( email )

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