IPR LITIGATION: INTERSECTION OF IPR AND COMPETITION LAW

By: Vikalp Sharma

Abstract

IP law credits selective control rights to an individual over his individual resources, competition law looks to advance development by checking market boundaries to assist shoppers and empowering competition among a variety of providers of products. The TRIPS agreement deals with IPR and Competition Law in Articles 8.2, 31(k), and 40.

In India, the Competition Act might be utilized to manage the Anti-Competitive Behavior of IPR holders. Article 40 of the TRIPS Agreement grants applying competition rules to prohibitive strategic approaches in permitting agreements.

The author has also discussed the tie-in arrangements and different types of tie-ins. The author has also critically discussed the case of US. v. Microsoft.

Read more at https://thelegisprudence.com/2020/08/19/ipr-litigation-intersection-of-ipr-and-competition-law/

Abstracts

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