Competition Law and Intellectual Property Rights

  • Mrinmayi Mule and Siddhi Sankpal
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  • Mrinmayi Mule

    B.L.S LLB Student in India

  • Siddhi Sankpal

    B.L.S LLB Student in India

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Abstract

Competition law in India is designed to prevent anti-competitive practices, ensure fair competition, and protect the interests of consumers and market participants. The Indian Competition Act of 2002 is the cornerstone of the country's competition policy, administered by the Competition Commission of India. This framework addresses issues such as anticompetitive agreements, abuse of dominant position, and merger regulations. Despite having robust laws on paper, the enforcement of these regulations has faced challenges, including overburdened courts and allegations of corruption. The Indian market is characterized by a high level of ownership concentration, often dominated by family-run business groups. This has raised concerns about practices such as pyramiding and tunneling, which may gravely affect minority shareholders. Nevertheless, significant reforms, particularly since 1991, have been making strides in enhancing transparency and market fairness, attracting institutional and foreign investment. This essay examines the evolution of competition law in India, its impacts on market practices, and the intersection of corporate governance with competition policy. It discusses the role of regulators such as the Securities and Exchange Board of India and the National Stock Exchange in aligning with global transparency standards and fostering a more competitive economic environment. Trademark is nothing but any term, the name, symbol, or other marking that is used to identify and set one product or service apart from another. Even if the consumer is unaware of the source, trademarks serve as additional indicators of the items' origin. Unlike before the start of the Industrial Revolution, when there were few manufacturers and every consumer knew the producer personally, consumers nowadays typically do not know the manufacturer of the items directly.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 560 - 573

DOI: https://doij.org/10.10000/IJLMH.117016

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