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Comparative Analysis of Major Issues Involved in IPR and Competition Policy

Nisha Dhanraj, Mamta Sharma

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Abstract

As IPR and competition laws share the same economic rationale, they both are crucial for the establishment of competitive and innovative market conditions. On the other hand, these two regimes are conflicting to each other, IP grants monopoly, whereas competition laws seek to undo monopolistic and restrictive trade practices. Therefore, focus has been shifted towards how these two separate regimes are complementary and conflicting to each other through their goals, how competition policy is effective on IPRs, and IPRs on competition policy. IPRs granted by patents, copyrights, and trademarks, etc. play an important role in fostering innovation and sustaining economic growth.

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What this paper is about

As IPR and competition laws share the same economic rationale, they both are crucial for the establishment of competitive and innovative market conditions. On the other hand, these two regimes are conflicting to each other, IP grants monopoly, whereas competition laws seek to undo monopolistic and restrictive trade practices. Therefore, focus has been shifted towards how these two separate regimes are complementary and conflicting to each other through their goals, how competition policy is effective on IPRs, and IPRs on competition policy. IPRs granted by patents, copyrights, and trademarks, etc. play an important role in fostering innovation and sustaining economic growth.

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Available abstract

As IPR and competition laws share the same economic rationale, they both are crucial for the establishment of competitive and innovative market conditions. On the other hand, these two regimes are conflicting to each other, IP grants monopoly, whereas competition laws seek to undo monopolistic and restrictive trade practices. Therefore, focus has been shifted towards how these two separate regimes are complementary and conflicting to each other through their goals, how competition policy is effective on IPRs, and IPRs on competition policy. IPRs granted by patents, copyrights, and trademarks, etc. play an important role in fostering innovation and sustaining economic growth.

Key concepts: Monopolistic competition, Monopoly, Competition (biology), Competition policy, Undo, Economics, Industrial organization, Intellectual property

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