Interface Between Competition Law and Intellectual Property Rights

It is common knowledge that intellectual property law vests exclusive monopoly rights in the proprietors of intangible intellectual assets such as trademarks, patents, creative works etc. On the other hand, competition law seeks to promote free and fair competition among various participants in the relevant market by preventing or restricting anticompetitive practices resulting from an abuse of monopoly rights or dominant position in the market.

In their respective objectives, intellectual property and competition law may appear to be in conflict with each other, but in fact they are two sides of the same coin in ensuring fair and free competition and consumer welfare.

In India, intellectual property rights are governed by the following statutes among others:

1. The Trade Marks Act, 1999
2. The Patents Act, 1970
3. The Copyright Act, 1957
4. The Designs Act, 2000
5. The Geographical Indications of Goods (Registration and Protection) Act, 1999
6. The Semiconductor Integrated Circuits Layout-Designs Act, 2000