Patents and Indian Competition Law: The CCI's Simplistic Technique of Assessing Competitive Impact

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Shambhavi Shivani


An examination of how other countries' competition authorities have dealt with similar negotiations and initiatives by patent holders is included in this paper, the CCI's rationale and strategy in patent-related cases in India's legislative framework that affects competition and patent law. For example, the worries about anti-competitive agreements or monopolistic practises in relation to patents have been conflated with Sections 3 and 4 of the Competition Act 2002 in this article. Section 2 of previous CCI judgements discusses price restrictions. As a sort of abuse of authority, non-price licencing limitations are considered under Section 3. If patent licencing agreements undermine the dynamic nature of competition encouraged in highly innovative marketplaces, then a principle-based approach to dealing with patent holders' behaviour is needed urgently, with a focus on competitive injury.

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