Regulation of anti-competitive trade practices associated with IPRs under the competition act, 2002

Competition and IP laws have emerged as two separate systems of law historically. The goals of these two branches of law do overlap as both are aimed at promoting innovation and economic growth. Still there is perception of potential conflicts owing to the means used by each system to promote those goals. IP laws 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 a trade secret. Competition law regulates economic monopolies, mergers and commercial agreements with the aim of maintaining effective competition in markets. This article introduces the relationship between IPRs and Competition law. It highlights important areas of conflict between the two laws and also analyses how these two regimes are complimentary.