COMPETITION COMMISSION OF INDIA AND IP: TRENDS HANDLING OF INDIAN IP CASES DELT BY CCI

Abstract

World Economy is balanced with stringent competition and trade laws that regulates and guarantees perfect market competition for the society. With the growth in technology and population the human minds are inclined towards more profitable and beneficial competition in some such circumstance they may be attracted towards anticompetitive methods and monopolisation to achieve their goals which not only be hazardous for economic stability but also jeopardise the trust of common citizens. With globalisation the world has come together what happens in US effects whole world. It is thus common to abide by international arbitration laws but in cases it cannot be affordable for the parties. Indian Competition laws finds their statutory rights from the MRTP Act whose flaws to be compatible with international regime led to the creation of Competition law 2002 which deals with IP merger cases at the moment. Every country follows their own Competition regulation laws and antitrust machineries. Intellectual Property Rights are the rights a person or a company or an institution can guarantee their rights over any products or creation of their human intellects. “What is mine need to be credited as mine and recognised as mine and nobody else should shine in the fame of others hard work”. Intellectual property rights can include copyrights, trademarks, patents, geographical Indication, industrial designs, layout- designs of circuits and protection of undisclosed information in addition to the intangible rights on creations made from human intellects. Rights on Intellectual Property are an international right, granted territorially and all the disputes thus related have to be adjudication internationally. For the purpose of this paper we may discuss the best suited adjudicatory machinery for IP right infringements, with special reference to trademark and patent infringement, for the society and if or not the CCI interference on the arbitration between the disputes be productive for the growing competition in India. Thus, we have made a comparison between different adjudicatory machineries followed and accepted by India and the World in the matter of completion and Intellectual Property Rights infringement and provided the relation and necessity for a uniform machinery to deal with such disputes.