LIJDLR

Market Competition

THE ECONOMICS OF INTELLECTUAL PROPERTY RIGHTS: BALANCING INNOVATION AND MARKET COMPETITION

Volume II Issue III /

THE ECONOMICS OF INTELLECTUAL PROPERTY RIGHTS: BALANCING INNOVATION AND MARKET COMPETITION Arpita Gupta, Student (Pursuing LL.M.) from Gujarat National Law University, Gandhinagar Download Manuscript doi.org/10.70183/lijdlr.2024.v02.10 This research paper examines the economics of intellectual property rights (IPR) in India and the challenges of balancing innovation and market competition in the country. Intellectual property rights play a crucial role in promoting innovation and promoting market competition. However, finding the right balance between these two goals is crucial for sustainable economic growth. The article begins with an overview of intellectual property rights, including copyright, patents, and trademarks, and their economic significance. It examines the historical development of intellectual property in India and its impact on innovation and competition. The legal framework and institutions governing intellectual property in India are analyzed, focusing on key intellectual property laws such as the Copyright Act, the Patent Act, and the Trademark Act. Explore the strengths and weaknesses of India’s intellectual property system to understand its effectiveness in supporting innovation and promoting fair competition in the marketplace. The purpose of the case studies was to illustrate specific issues related to intellectual property rights in India, such as the pharmaceutical and software industries, as well as issues related to traditional knowledge. An Assessment of the Economic Impact of Intellectual Property Rights on Innovation and Market Competition in India Using Empirical Analysis. The paper presents policy considerations and recommendations to address India’s challenges in striking a balance between protecting intellectual property and promoting competition. Conduct an assessment of the current IP policy and identify areas for improvement in order to create an effective and balanced IP system. In conclusion, this study highlights the importance of striking the right balance between intellectual property rights, innovation, and market competition in India. Achieving this balance will foster the development of a thriving innovation ecosystem while ensuring equal access to knowledge and promoting healthy competition. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 141-163. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

THE ECONOMICS OF INTELLECTUAL PROPERTY RIGHTS: BALANCING INNOVATION AND MARKET COMPETITION Read More »

Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India

Volume I Issue III /

PARALLEL PATHS: ANALYSING THE OVERLAPPING JURISDICTION OF CCI AND SECTORAL REGULATORS IN INDIA Shivani Baskar, Student at Symbiosis Law School, Hyderabad, Symbiosis International (Deemed) University, Pune. Vranda Rellan, Student at Symbiosis Law School, Hyderabad, Symbiosis International (Deemed) University, Pune. Download Manuscript ABSTRACT In India, the coexistence of competition regulation through the Competition Commission of India (CCI) and sector-specific regulation by various sectoral regulators has given rise to a complex regulatory landscape. This abstract provides a glimpse into the challenges and dynamics of the overlapping jurisdiction between CCI and sectoral regulators, focusing on its impact on competition enforcement and regulatory coherence. The Indian regulatory framework is characterized by the presence of independent sectoral regulators for diverse industries such as telecom, energy, and financial services, each with its own set of laws and regulations. In parallel, the CCI was established to promote and maintain competition in the market, ensuring a level playing field and preventing anti-competitive practices. This dual regulatory structure sometimes leads to conflicts and overlaps in jurisdiction, creating uncertainty for businesses and stakeholders. This study delves into the key issues arising from the coexistence of CCI and sectoral regulators. It explores cases where disputes have arisen, leading to legal battles and questions regarding the boundaries of their authority. Moreover, it investigates the potential consequences of these conflicts on market competition, innovation, and consumer welfare. The research also examines the regulatory gaps that may emerge due to this duality, as well as the challenges in achieving regulatory consistency and coherence. It highlights the need for a harmonized approach to competition enforcement and sector-specific regulation to strike a balance between promoting competition and achieving sectoral policy objectives. The coexistence of CCI and sectoral regulators in India presents a multifaceted regulatory landscape with inherent challenges. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 113- 135. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India CONTEMPORARY CONSTITUTIONAL CHALLENGES IN INDIA : AN ANALYSIS OF KEY ISSUES ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION TOWARDS INCLUSIVITY: EXPLORING THE ADDITION OF SAME-SEX MARRIAGE TO THE SPECIAL MARRIAGES ACT

Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India Read More »