Title: PATENT AND COMPETITION INTERFACE:
ISSUES AND CHALLENGES IN INDIA
Authors: ASTHA SRIVASTAVA
Assistant professor, New Law College, Bharati Vidyapeeth
(Deemed to be University), Pune, Maharashtra, India
MLA 8 SRIVASTAVA, ASTHA. "PATENT AND COMPETITION INTERFACE: ISSUES AND CHALLENGES IN INDIA." Int. j. of Social Science and Economic Research, vol. 4, no. 2, Feb. 2019, pp. 1521-1527, ijsser.org/more2019.php?id=111. Accessed Feb. 2019.
APA SRIVASTAVA, A. (2019, February). PATENT AND COMPETITION INTERFACE: ISSUES AND CHALLENGES IN INDIA. Int. j. of Social Science and Economic Research, 4(2), 1521-1527. Retrieved from ijsser.org/more2019.php?id=111
Chicago SRIVASTAVA, ASTHA. "PATENT AND COMPETITION INTERFACE: ISSUES AND CHALLENGES IN INDIA." Int. j. of Social Science and Economic Research 4, no. 2 (February 2019), 1521-1527. Accessed February, 2019. ijsser.org/more2019.php?id=111.
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Abstract: After coming into effect of Competition Act, 2002 India became a country with robust
competition regime. The Competition Commission of India (CCI) has been established under the
Competition Act, 2002 with the aim of preventing practices having adverse effect on
competition. It also aims and promoting and sustaining competition in Indian markets, along with
promoting interest of the consumers by ensuring freedom of trade. Similar is the objective sought
by the patent regime. Initially the patent protection was granted on the basis of reward theory.
According to this theory patent protection is granted to reward the inventor for making public his
invention which would otherwise be a secret. Gradually this concept of rewarding the inventor
evolved, as rewarding is not only the base of granting patent right. In era of globalization the
patent protection is aimed at promoting invention. With the aim of promoting inventions various
exclusive rights are granted to the inventor for a limited period. In Indian context that period is of
twenty years (20yrs). The shift in the ideology behind providing patent protection made it more
society oriented and less individual centric. The objective of patent regime and competition
policies are similar to each other. Both are aimed at achieving the same goal i.e. to facilitate
market growth by promoting invention and curbing anti competitive practices. Competition
policies and patent laws are therefore at many stages complementary to each other acting
parallel to achieve their goals. But at many instances their market governance contradicts each
other. Various activities done by the patent holder e.g. patent pooling, tied selling, indirect
cartelling, exclusive supply is anti- competitive in nature. This paper will analyze the interface in
details. It will also focus on effect of contradictory patent and competition practices on various
sectors in India.
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