Exploring Anti – Competitiveness in Standard Essential Patents; A Law and Economics Perspective.
In this article the authors delve into that how Patent and Competition Laws often conflict due to their contrasting goals: patent laws encourage innovation through exclusivity, while competition laws ensure market efficiency by preventing monopolistic practices. This tension is particularly evident in the case of Standard Essential Patents (SEPs), which are crucial for technology standards and can lead to market dominance and potential abuse. The recent Delhi High Court ruling that grants exclusive jurisdiction over SEPs to patent laws overlooks the role of competition laws in addressing anti-competitive behavior. This essay critiques the ruling, arguing that the Competition Commission of India (CCI) should also have a role in regulating SEPs to ensure fair competition and consumer protection. The essay advocates for a balanced approach where both patent and competition laws work together to prevent abuses and maintain market fairness, emphasizing that the CCI’s expertise in market regulation is vital for addressing the economic impacts of SEPs. Continue reading Exploring Anti – Competitiveness in Standard Essential Patents; A Law and Economics Perspective.
