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VOL. 11, ISSUE 11 (2025)
Exclusive rights vs. free markets: A legal study on IPR and abuse of dominance
Authors
Jyoti, Dr. Chetan Trivedi
Abstract
Intellectual Property Rights (IPR) give creators and inventors
exclusive rights to their work, encouraging innovation, investment, and the
spread of knowledge. However, this exclusivity can sometimes turn into market
power that goes against the main aim of competition law maintaining fair
markets and protecting consumers. This paper studies how IPR and competition
law interact in India, focusing on cases where the use of exclusive rights may
lead to abuse of dominance under the Competition Act, 2002[3]. It examines
key laws, court decisions, and orders by the Competition Commission of India
(CCI), along with important national and international cases such as Natco v.
Bayer, Novartis, Monsanto, Ericsson, Google–Android, and Rambus. Using
doctrinal research, the paper explores legal tensions, economic reasons, and
policy considerations behind this relationship. It also discusses solutions
like compulsory licensing, FRAND (Fair, Reasonable, and Non-Discriminatory)
terms for standard-essential patents (SEPs), and the enforcement powers of CCI.
The paper concludes that while IPR exclusivity must be respected to encourage
innovation, competition law should step in when such rights are used unfairly
to harm the market or consumers. It suggests better coordination between IP and
competition regulators and clearer legal guidelines to maintain a fair balance.
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Pages:39-44
How to cite this article:
Jyoti, Dr. Chetan Trivedi "Exclusive rights vs. free markets: A legal study on IPR and abuse of dominance". International Journal of Commerce and Management Research, Vol 11, Issue 11, 2025, Pages 39-44
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