The Interface Between Competition Law And Intellectual Property Rights: Balancing The Pro and Anti-Competitive Strains

Abstract

The interrelationship between Competition Law and Intellectual Property Rights is complex and is still evolving. The global expansion of intellectual property protection has only increased this complexity. In the past, these two fields of law have been in constant conflict with each other. While the former's end goal has been to promote healthy competition for public benefit, the latter aims to promote innovation and reward the creator by awarding him rights of a monopolistic nature. However, a shift in the objective of each field has been recognized in recent scholarly and judicial opinions, thus providing a common platform for both fields of law for the end goal of consumer welfare. This shift in both the branches of law towards a common primary objective, establishes the groundwork for a complementary relationship between Competition Law and Intellectual Property Rights. This paper focuses on the international developments in the United States and the European Union and finally makes recommendations for the Indian Jurisprudence, drawing from the international literature and experience.