Archana Shanker and Shraddha Chauhan look at ways in which India can and should be using competition law to underpin patent rights in a monopoly-hungry environment.
Patent litigation in India has gradually moved beyond its traditional approach, which typically involves suits for infringement, counter-claims for patent invalidation or contractual disputes.
The conduct of warring parties has brought patent litigation under the scrutiny of competition law. The orders of the Competition Commission of India asking is director general to investigate alleged anti-competitive conduct raises issues lying at the crossroads of patent rights and competition.
This article was published in IP Focus 2014.
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