LL.M Dissertation
Degree Awarded by: National Law Institute University, Bhopal, 2011
Abstract:
This dissertation explores the perceived conflict and potential for coexistence between Competition Law and Intellectual Property Rights (IPRs) in India, focusing on the regulatory framework under the Competition Act, 2002. While IPRs incentivize innovation through temporary monopolies, competition law promotes market fairness and consumer access. The study argues that these domains need not be antagonistic, and with nuanced, case-specific application by the Competition Commission of India (CCI), a balance can be achieved. Drawing on comparative legal analysis from the United States, European Union, and TRIPS-compliant frameworks, the research evaluates how legal tools like compulsory licensing, essential facilities doctrine, and refusal to deal can serve as regulatory correctives to prevent IPR abuse. The dissertation proposes clearer policy articulation within Indian law to prevent anti-competitive conduct under the guise of IPR enforcement and underscores the need to tailor enforcement to India’s socio-economic realities, particularly in critical sectors like pharmaceuticals and digital innovation.
Related Publications
Articles
- Warrier, V. S. (2015). Patent Law and Competition Issues in the Indian Pharmaceutical Industry, JSS Journal for Legal Studies and Research. 3(1). ISSN: 2321-4171
- Warrier, V. S. (2014). The Macro-Economic Impact of the Patent System, JSS Journal for Legal Studies and Research. 2(2). ISSN: 2321-4171