Scribd Logo
Upload

Welcome to Scribd!

  • 5 views

    Competition Law Synopsis

    Uploaded by

    p3056630

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Competition Law Synopsis

    Uploaded by

    p3056630
    5 views3 pages

    Original Title

    Competition law Synopsis

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    5 views3 pages

    Competition Law Synopsis

    Uploaded by

    p3056630

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 3

    NIMS UNIVERSITY, JAIPUR, RAJASTHAN

    NIMS SCHOOL OF LAW


    SYNOPSIS AND PROPOSAL ON
    “INTERFACE BETWEEN INTELLECTUAL PROPERTY
    RIGHTS AND COMPETITION LAW: INDIAN
    JURISPRUDENCE”

    Submitted in partial fulfilment of the requirement for


    the degree of MASTERS IN LAW
    LL.M (CORPORATE AND COMMERCIAL LAWS)

    By
    [Priyam]
    Student ID: [2024LAW0265]

    Under the Supervision of


    [Mr. Kishor Biradar]
    Assistant Professor
    Faculty of Law

    Year: 2024
    INTERFACE BETWEEN INTELLECTUAL PROPERTY RIGHTS AND COMPETITION LAW: Indian JURISPRUDENCE

    Synopsis

    Title: INTERFACE BETWEEN INTELLECTUAL PROPERTY RIGHTS AND


    COMPETITION LAW: INDIAN JURISPRUDENCE

    Background:
    Is there really a tussle between the most relevant laws pertaining to innovation and market
    regulation? If prima facie observed, IPR and Competition law may seem to be at odds.
    Presumption of such opposition and the conflicting nature has itself originated a never-ending
    legal debate. There exists dearth of jurisprudence as far as interplay of IPR and competition is
    concerned. There exist limited quality cases such as the one which was filed against the
    Microsoft India and the other one being filed against Ericsson for abuse of dominance by
    Micromax, which to a certain extent portrays the interface between both the laws. Therefore,
    the author aims to come up with a much-refined view in this aspect, analysing various legal
    regimes and plethora of cases. At present rather than analysing both the regimes in isolation,
    i.e. individual effect in relevant market, the intersection between both the laws shall be
    emphasized upon, i.e. role of IPR in affecting competition and control thereto. There exists an
    imminent relation between IPR and competition law, and the same cannot be entertained when
    isolated.

    ProblemStatement:
    Had the traditional approach been analysed, intellectual property and competition law would
    have most likely been construed as poles of a magnet which repel each other. But if we dissect
    the recent approach and development of IPR and competition law, it shall be conclusively
    realized that the respective fields work in consonance and play complementary roles for
    furtherance of innovation in the current pro-technological market structure. One such evident
    fact can be observed in ideologies and structures behind both the laws.

    Objectives of the Study:

    1. To draw an analogy between the current scenario of both the laws


    2. To examine the role of Intellectual Property laws to achieve a standard in global
    market.
    3. To evaluate the challenges in enforcing Both laws simultaneously .
    4. To provide actionable recommendations for strengthening the legal framework.

    Page | 2 Competition Law


    INTERFACE BETWEEN INTELLECTUAL PROPERTY RIGHTS AND COMPETITION LAW: Indian JURISPRUDENCE

    Scope
    The research focuses on India’s IPR laws with the blend of Competition Law , assessing their
    impact on global in sectors like industry, technology, and global market. It also includes a
    comparative study with global best practices and examines landmark judicial pronouncements.

    Methodology:
    The research adopts a qualitative approach:

    1. Legal Analysis: A review of key competition laws and policies.


    2. Case Studies: Analysis of landmark cases, such as Microsoft and Ericson case.
    3. Comparative Study: Insights from international frameworks
    4. Literature Review: Exploration of academic works, government reports, and legal
    commentaries.

    Expected Outcomes:
    The study aims to provide:

    1. A critical evaluation of India’s Competition law in the recent intellectual property


    laws development.
    2. Insights into the interplay between global competition governance and IPR.
    3. Practical recommendations to bridge legislative gaps and improve enforcement.

    Conclusion:
    The research seeks to contribute to analyse IPR and Competition Policy interact in a way that
    is neither antagonistic nor intended to be a replacement for one another; rather, they work best
    together.

    Page | 3 Competition Law

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy