Documentos de Académico
Documentos de Profesional
Documentos de Cultura
Manpreet Kaur
LLM (Business Laws)
National Law School of India
University,
Bangalore.
PROJECT OVERVIEW
Intellectual Property Competition Law
Rights
Innovation
Competition
Consumer
Efficiency Law &
welfare
IPR
Economics
growth
AN INEVITABLE CHASM
IPR confers Monopoly while Competition Law curbs
Monopoly
OBJECTIVES & DELIVERABLES
Objectives:
Interplay between IPR & Competition Law in major
jurisdictions
USA
Canada
European Union
Japan
Australia
Deliverables:
Lessons For India
FINDINGS - The Position In US
The Clayton Act of 1914 declares such acts illegal ‘where the
effect… may be to substantially lessen competition or tend to
create a monopoly in any line of commerce’
Essential facilities
doctrine
United states v.
Lorain Journal
Terminal rail road Intergraph Case
case
association
Contd.
Verizon v. Law Offices of Curtis V. Trinko, LLP
anti-trust laws cannot transcend beyond the normal statutory duties to
deal.
the Sherman Act does not restrict a trader’s right to deal with whomever he
pleases
Pre-requisites - defendant should possess monopoly power in the relevant
market and willfully acquire or maintain that power in a manner different
from the market development of the monopoly power
Xerox Case
there is no violation of the Section 2 for mere refusal to license unless:
The patent was obtained through fraud on the Patent and Trademark
Office.
The refusal was objectively baseless and the intent was to interfere directly
with the business relations of a competitor,
The refusal was part of an otherwise unlawful tying strategy.
Market sharing
Supplementary obligations
Magill case