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Title: PATENT AND COMPETITION INTERFACE: ISSUES AND CHALLENGES IN INDIA
Authors: ASTHA SRIVASTAVA
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ASTHA SRIVASTAVA Assistant professor, New Law College, Bharati Vidyapeeth (Deemed to be University), Pune, Maharashtra, India
MLA 8 SRIVASTAVA, ASTHA. "PATENT AND COMPETITION INTERFACE: ISSUES AND CHALLENGES IN INDIA." Int. j. of Social Science and Economic Research, vol. 4, no. 2, Feb. 2019, pp. 1521-1527, ijsser.org/more2019.php?id=111. Accessed Feb. 2019. APA SRIVASTAVA, A. (2019, February). PATENT AND COMPETITION INTERFACE: ISSUES AND CHALLENGES IN INDIA. Int. j. of Social Science and Economic Research, 4(2), 1521-1527. Retrieved from ijsser.org/more2019.php?id=111 Chicago SRIVASTAVA, ASTHA. "PATENT AND COMPETITION INTERFACE: ISSUES AND CHALLENGES IN INDIA." Int. j. of Social Science and Economic Research 4, no. 2 (February 2019), 1521-1527. Accessed February, 2019. ijsser.org/more2019.php?id=111.
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Abstract: After coming into effect of Competition Act, 2002 India became a country with robust competition regime. The Competition Commission of India (CCI) has been established under the Competition Act, 2002 with the aim of preventing practices having adverse effect on competition. It also aims and promoting and sustaining competition in Indian markets, along with promoting interest of the consumers by ensuring freedom of trade. Similar is the objective sought by the patent regime. Initially the patent protection was granted on the basis of reward theory. According to this theory patent protection is granted to reward the inventor for making public his invention which would otherwise be a secret. Gradually this concept of rewarding the inventor evolved, as rewarding is not only the base of granting patent right. In era of globalization the patent protection is aimed at promoting invention. With the aim of promoting inventions various exclusive rights are granted to the inventor for a limited period. In Indian context that period is of twenty years (20yrs). The shift in the ideology behind providing patent protection made it more society oriented and less individual centric. The objective of patent regime and competition policies are similar to each other. Both are aimed at achieving the same goal i.e. to facilitate market growth by promoting invention and curbing anti competitive practices. Competition policies and patent laws are therefore at many stages complementary to each other acting parallel to achieve their goals. But at many instances their market governance contradicts each other. Various activities done by the patent holder e.g. patent pooling, tied selling, indirect cartelling, exclusive supply is anti- competitive in nature. This paper will analyze the interface in details. It will also focus on effect of contradictory patent and competition practices on various sectors in India.

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