Competition law and copyright in india

What is competition law and intellectual property rights in India?
Even though IPR grants the holder a preventive right, this right cannot be exclusive so as to grant monopoly status.
This is where competition law comes in and if there is any anti-competitive practice or conduct on the part of the IPR holder, it is subjected to competition law..
What is IPR and competition law in India?
While Competition law operates towards facilitating the market growth by curbing anti-competitive practices in the market, IPRs confer exclusive monopoly to the proprietor.
However, both are intended towards promoting innovation and consumer welfare..
What is the competition law in India?
The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises, and regulates combinations (mergers, amalgamations and acquisitions) with a view to ensure that there is no adverse effect on competition in India..
What is the difference between competition law and intellectual property law?
Intellectual property (IP) law subjects intellectual assets to the owner's exclusive control.
Competition law on the other hand, seeks to avoid market barriers and benefit consumers by ensuring that a multiplicity of suppliers of goods, services and technologies may effectively compete against each other..
Consumer Protection Act, 1986
The purpose is to protect consumers against defective goods, unsatisfactory services, unfair trade practices etc.
It is concerned with complaints related to restrictive trade practices, defects, deficiency, unfair trade practices etc.
The Competition (Amendment) Act, 2023 ("the Act”) was recently passed in India.
The Act makes a number of changes to the Competition Act, 2002, which is the country's primary competition law.
The amendments aim to strengthen competition regulation, streamline operations, and foster a business-friendly environment.
‡ The need for Competition Law arises because market can suffer from failures and distortions, and various players can resort to antiYcompetitive activities such as cartels, abuse of dominance etc. which adversely impact economic efficiency and consumer welfare.

Jun 6, 2019However, in its most simple form, licensing agreements are usually vertical agreements [covered by Section 3(4) of the Indian Competition Act,

Jun 6, 2019Intellectual Property Rights (IPRs) create a temporary right in favour of the IPR holder to exclude others from using that IPR.

Competition Law in India The Competition Act, 2002 is the primary law governing competition in India. The act is enforced by the Competition Commission of India (CCI), which is responsible for preventing anti-competitive practices and promoting fair competition in the marketplace.

Competition law seeks to eliminate any practices that restrict trade and generally discourage monopoly. Intellectual property law on the other hand seeks to

Contravention by Public Sector Undertakings

We have seen that SOEs are covered by the Competition Act unless they perform narrowly-defined sovereign functions, or unless special status is given to them under other legislative acts.
In this section, we will explore a few cases where PSUs violated the provision of the Act and where the Commission has adopted the larger perspective of enabling .

Does copyright protect av content in India?

Under India’s Copyright Act 1957, the owner of AV content is accorded exclusive copyright over their work, which includes ,the right to monetise.
Effective copyright protection incentivises creativity, and is also necessary to guarantee the investors appropriate returns.
However, such exclusivity can also disrupt healthy competition in the market.

How competition law has changed in India in 2022?

4.1 The year 2022 saw some major regulatory developments in competition law in India.
The existing competition law framework is set to undergo a major overhaul to ensure the provisions of the Act are in line with the current market realities and international best practices.

Jurisdiction Issues Involving PSUs and Public Authorities

This section discusses the conflict that arises out of jurisdiction issues that directly expose the restrictive nature of some government policies.
In a number of early cases, PSUs and government departments that were allegedly involved in anti-competitive practices questioned whether the Commission had the jurisdiction to investigate or not.
The 1.

Possible Sources of Public Restraints in India

State-owned enterprises (referred to in India as Public Sector Undertakings or PSUs) constitute an important part of the Indian economy,Footnote 20and still occupy large and critical areas, especially PSUs under the central government.
From a competition perspective, two major features of PSUs in India provoke interest: First, many PSUs are in capi.

Public Procurement: Competitive Neutrality vis-à-vis Freedom of Choice

In this section, we explore a large number of public procurement cases,Footnote 44 where the public buyers are allegedly abusing their dominant positions by choosing restrictive/arbitrary qualification criteria.Footnote 45Lack of competitive neutrality was also a cause for concern in a few cases where the Government and/or the public procurers were.

Competition law and copyright in india

What is competition law and intellectual property rights in India?

What is IPR and competition law in India?

What is the competition law in India?