Conflict Between Intellectual Property Law And Competition Law: Critical And Comparative Analysis

Competition law and intellectual property law has different occupied field and enacted to cater distinct objectives. There is a dire need to understand the smooth functioning of the both the laws.¹ Competition law regulate those practices which has anti-competitive effect on market and thus hampering the smooth functioning of the market. On the other hand, IPR talks about the exclusive monopoly right to the holder. The non-excludable character that has been created by IPR that causes deadlock² between the two essentially which creates interface between two respective laws. Thus, it creates a tussle between the IPR and Competition laws which needs to be resolved cordially.

IPR is usually used as a tool to create exclusive monopoly rights to the holder and thus deterring other players from offering the products in the same market which reduces competitiveness in the market and led to creation of conflict between objectives of both the law. IPR is based on the concept