Abstract

IPRs and Competition law are both founded with the purpose of achieving economic development, technological advancement, and consumer welfare. Instead of a common objective, both the laws at some point are interacting with each other. IPRs is an exemption under section 3(5) of the Competition Act, 2002. The exception is only on the basis of reasonableness, but the limits of reasonableness are not defined anywhere in the Act. The main objective of this study is to identify the interface between Intellectual Property laws and Competition laws in the field of IT sector by analysing the working of the CCI and cases decided in IPRs and Competition laws with special reference to IT sector. The present study is based on the doctrinal method of research. Data has been collected from both primary and secondary resources like the texts of MRTP Act, Competition Act, Westlaw, Reports, Research paper form online and offline resources. The major findings in reference to issue related to IPRS and Competition law is that the CCI is using discretionary power in absence of concept of abuse of IPRs under the act and any guidelines relating to interplay between IPRs and Competition law. The study suggested that CCI should adopt the doctrines and guidelines which are well-established in EU and US, the exemption based on research and development, adoption of specific guidelines to tackle the solution of abuse of intellectual property.

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