in Intellectual Property Law Competition Law
Asked October 13, 2021

Patent and Anti competition law

  • 1 Answer

According to competition law, refusal to deal with parties or entering into anti-competitive exclusive agreements are prohibited. But if one gets a patent for his product, can such agreements be entered into? What is the interplay between competition law and patent law in this regard?

Answer 1

Getting a patent for a product would give the patent holder exclusive rights on using it. Refusal to deal in such scenarios would not amount to anti-competitive agreements because the very purpose of patents is to ensure there is an exclusive right. With regard to the interplay, there is a close link between patents and competition as the former seeks to prevent copying or imitation and in the process, actually helps in fair competition and fair market behaviour. Therefore, the two shouldn't be seen as opposite of each other but complementary.

Agree Comment 0 Agrees about 2 months ago

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