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.
References . B.K. Keayla. Conquest by patents. The TRIPS Agreement on patent laws: Impact on
pharmaceuticals and health for all, Centre for Study of Global Trade System and
. INDIAN PATENT ACT, 1970 Section 2 cl.(j) .
. INDIAN PATENT ACT, 1970, section 3.
. General agreement on Trade Related Aspect Of Intellectual Property Rights, 1994
. TRIPS AGREEMENT,1883, art.29.
. The Competition (Amendment) Act 2007. Section 3, 4.
. Paul Torreman. Holyoak & Torreman, Intellectual Property Law. 8TH ed. Oxford
University Press; 2008
. Meir Perez Pugatz: The Intellectual Property Debate Perspectives from Law, Economics
and Political. Edward Elgar Publisher; 2006
. lka Rahnsto: Intellectual Property Rights, External Effects, and Anti-Trust Law:
Leveraging IPRs in the Communications Industry. Oxford University Press; 1
. INDIAN PATENT ACT,1970, Section 53 .
. Ansuman tripathi: India Emerges As Top Five Pharmaceuticals Of The World, available
. Supply Annual Report of the UNICEF (United Nations Children's Fund).
. Zeba Siddiqui : India Grants Pfizer Patent On Pneumonia Vaccine In Blow To Aid
Group, available at: https://www.reuters.com/article/us-pfizer-india-vaccine/india-grantspfizer- patent-on-pneumonia-
. Novartis v. Union Of India& Others(Civil Appeal No. 2706-2716 of 2013) available at,
. Natasha Nayak, "Competition Impediments in the Pharmaceutical Sector in India",
available at: http://circ.in/pdf/Pharmaceuticals_Sector.pdf (last visited on July 1, 2016)
. Re Vivek Sharma v. M/s Becton Dickinson India (P) Ltd. Case No. 77 (2015) available at
. Aditya Bhattacharjea, Fiyanshu Sindhwan. Competition Issues in the Indian
Pharmaceuticals Sector. Available at: http://www.cuts-ccier.org/compeg/pdf/reportpharmaceutical_sector_study.pdf.
. Havana Charter For An International Trade Organization( 1948),Article 46, available at
. Fredrick M. Abbott. Are The Competition Rules In The WTO Trips Agreement
Adequate?, Journal of International Economic Law, 2004;7.687-703.
. Abir Roy, Jayant Kumar. Competition Law In India. 2nd ed. Eastern Law Publishers;
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.
The International Journal of Social Science and Economic Research Inviting Papers/Articles for Current Issue Volume 5 No. 1 January 2020.
Submit your Paper through Online Submission System. Authors also can Send Paper to email@example.com ....... Editor in Chief IJSSER