IPR AND COMPETITION LAW: THE POWER COUPLE DEMYSTIFIED
Downloads
Abstract
As the enforcer of competition law, the Competition Commission of India (‘CCI’) has been actively pursuing the objectives mandated by the Competition Act, 2002, and aligning Indian competition law with international best practices. However, there are some intrinsic interplays between several sector specific regulators and the CCI. Are you aware of the interplay between Intellectual Property Rights (IPRs) and Competition Law in India, and the challenges it poses for a thriving ecosystem? Today, the central tenet of industrial organization is innovation. The global economy has changed to a production paradigm in which knowledge is a critical input and innovation is at the heart of this knowledge centric economy. An enterprise's competitiveness is determined by its capacity to transfer knowledge into innovation and commercialize it. As a result, policymakers all around the world are emphasizing the importance of developing an ecosystem that fosters innovation. IPRs and Competition Law are two indispensable components that incentivize creativity and innovation, while simultaneously fostering economic growth in India. The future of innovation, competition, and economic growth depends on our ability to strike the right balance between IPR and Competition Law. In this article, the author has tried to explore the relationship between the IPRs and the Competition Law and concluded that the union of IPRs and the Competition Act in India should not be seen as a clash, but as a union of harmony.
External References to this Article
Loading reference data...
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Kapil Mudgil
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
