Competition Law and IPRs: Friends or Foes?​

Karun Sanjaya
B.B.A LL.B. (Hons.), LL.M. (IPR), Advocate at Kerala, India.

Volume III, Issue VI, 2020

Competition Law and Intellectual Property Rights (IPRs) have been a topic of heated discussions, especially in a regulated market economy like India. Both the areas are dynamic and often tend to come in conflict with each other. Though the means are different, both Competition Law and IPR strive towards one goal – attainment of efficiency in market. However, the differences in the methods and approach in achieving this goal leads to conflict between the two. Besides, while competition law strives to sustain and promote competition in the market, IPRs confer limited monopolies thereby restraining competition. The paper attempts to look into the interplay between competition law and IPRs to analyse whether competition law and IPRs are friends or foes. The same shall be carried out by analysing the provisions of both laws and the related judicial precedents.