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ARTICLE · 14 APRIL 2025

IPR And Competition Laws: Conflicting Or Complementary?

Khurana & Khurana, Advocates and IP Attorneys
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Intellectual Property Rights are rights that are embedded in the statute and were created to provide protection to the creation of intellect and bestow the creator with exclusive rights to monetize their creation and generate wealth through it.

IndiaAntitrust/Competition Law

Intellectual Property Rights are rights that are embedded in the statute and were created to provide protection to the creation of intellect and bestow the creator with exclusive rights to monetize their creation and generate wealth through it. Intellectual property rights are generally viewed as an avenue to create monopoly in the marketplace. While Competition laws intend to create a space where fair trade practices and healthy competition can foster and thrive. Any contravention to this ideology may amount to anti-competitive practices. The main conflict between these two laws is that Intellectual property rights intend to create monopoly while competition laws seeks to prevent, curb and restrain it. While prima facie these two provisions of law may appear to be at conflict with each other but on careful deliberation and understanding the intricacies and nuances of these provision it can be seen that they are in fact complementary to one another as a balance of

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