Statutory Inconsistency and Jurisdictional conflict Between the Controller of Patents and the Competition Commission of India

Gupta A, ‘Statutory Inconsistency and Jurisdictional Conflict between the Controller of Patents and the Competition Commission of India’ (2021) 16 Journal of Intellectual Property Law & Practice 1203

33 Pages Posted: 19 Aug 2021 Last revised: 8 Jan 2022

See all articles by Aditya Gupta

Aditya Gupta

Public.Resource.Org; National University of Study and Research in Law, Ranchi

Date Written: February 2, 2021

Abstract

The Indian regulatory system has long been plagued with statutory overlaps and jurisdictional conflicts, particularly between Competition Commission of India (CCI) and other sectoral regulators. The Supreme Court in 2018 sought to balance sectoral technical expertise with the mandate of the competition regulator. In doing so, the court developed a novel ‘two-step’ test wherein the sectoral regulator exercises the primary jurisdiction and determines the jurisdictional facts, only after which the competition regulator is allowed to exercise jurisdiction. In the aftermath of this decision, a 2016 judgement which had exhaustively demarcated the powers of the Controller of Patents and the CCI was challenged on the basis of the novel two-step test. In 2020, through this attempt at revision, the Single Judge ruled in favour of the validity of the 2016 judgement and awarded jurisdiction to CCI in preference to the Controller. In this paper, the author examines a series of cases, along with the statutory construction and the legislative history of the Patents Act, 1970 and the Competition Act, 2002 in order to conclude the jurisdictional conflict. The paper concludes that the Controller, within the scope of its powers, is incapable of addressing the anti-competitive conduct of a patent holder. The Patents Act, 1970 was drafted with the cognizance that an independent commission shall be required for the regulation of anti-competitive conduct.

Keywords: Jurisdiction, Competition Commission of India, Controller of Patents, Monsanto v. CCI, Bharti Airtel v. CCI

JEL Classification: K11, K21, K41, K42

Suggested Citation

Gupta, Aditya, Statutory Inconsistency and Jurisdictional conflict Between the Controller of Patents and the Competition Commission of India (February 2, 2021). Gupta A, ‘Statutory Inconsistency and Jurisdictional Conflict between the Controller of Patents and the Competition Commission of India’ (2021) 16 Journal of Intellectual Property Law & Practice 1203 , Available at SSRN: https://ssrn.com/abstract=3905903

Aditya Gupta (Contact Author)

Public.Resource.Org ( email )

National University of Study and Research in Law, Ranchi ( email )

AT- Nagri, Kanke-Pithoria Road
Kanke
Ranchi, 834006
India

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