It is the responsibility of competition law to create and maintain a competitive market.

As a result of competition, enterprises become more efficient and consumers have more options at lower prices.

As a result, resources are utilized to their maximum potential. Additionally, consumers will be able to purchase a greater variety of products with better quality at a lower price. As a result of fair competition, consumers, producers/sellers, and ultimately the entire economy are benefited.

The Law of Competition and Intellectual Property

The operation of intellectual property and competition is intertwined. The purpose of implementing the competition law is to prevent monopolies and promote competition, whereas the purpose of protecting intellectual property is to protect research and development. On the one hand, Intellectual Property Laws promote monopolistic rights, while Competition Laws combat them.

It is the goal of competition law to curb the abuse of market power by dominant companies, to prevent monopolization of production, and to encourage new companies to enter the market. As a result, the main objectives of the Competition Act are to protect the interests of consumers and ensure the freedom of trade.

As a result of the Competition Act, 2002, the intention of Intellectual Property Rights has been widely accepted when framing provisions, and the act does not eliminate the dominance which an individual achieves due to such Intellectual Property Rights. Therefore, it is imperative that a balanced approach is taken in order to construct a statute that is harmoniously constructed, as well as to clarify much on the different jurisdictional opinions that must be taken into account.

January 2023
Delhi High Court sets aside registration of ‘Swiss Military’ trademark by private company
The Delhi High Court has set aside the registration of ‘Swiss Military’ and the logo by a private company called Promoshirts SM. The HC has held that a red cross with white background and the words ‘Swiss Military’ serve as a source identifier for the goods of Swiss Origin for the public.
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January 2023
Return of iconic Yezdi motorcycle hits legal hurdle, Karnataka HC cancels trademark acquisition by heir of original maker
The return of ‘Yezdi’, an iconic Indian motorcycle from the 1970s, has suffered a legal setback with the Karnataka High Court ruling as illegal the acquisition of the ‘Yezdi’ trademark by a member of the family of the original owners — Ideal Jawa (India) Pvt Ltd — which went into liquidation two decades ago.
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December 2022
India to seek IPR waiver for green energy tech at G20
India is planning to push for a waiver of intellectual property rights (IPR) for technologies related to green energy and energy transition in a bid to bridge the technology gap across G20 countries, two officials aware of the matter said. India took over presidency of the grouping earlier this month.
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News & Events


Breaking News: Toyota Loses Trademark Battle over Prius at Indian Supreme Court

The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”. According to the finding of the court, two of the three trademarks mentioned, namely Toyota and […]

Why Intellectual Property Rights

Intellectual property rights create a situation in which the inventor or the creator enjoys full ownership and rights to commercial exploitation of his creation while everyone else is excluded. The justification is that such a creation, if it has material value, must benefit the creator while preventing others who would otherwise commercially exploit the concept […]

An Overview of Copyright

WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]

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