Intellectual Property Law

As per available reports about 700 journals, 1000 Conferences, 250+ workshops are presently dedicated exclusively to Intellectual property law and about 366282 articles are being published on the current trends in Intellectual property law. In terms of research annually, USA, India, Japan, Brazil and Canada are some of the leading countries where maximum studies related to proteomics are being carried out. As reported in article- Raju KD” Interface between Competition law and Intellectual Property Rights: A Comparative Study of the US, EU and India” - Intellectual property law creates and protects monopoly power and the other seeks to exclude it. IP exclusion provisions are included in the Indian Competition Act, 2002 in Section 3(5). This is to provide enforcement to intellectual property rights. But protection of intellectual property rights are not per se violates any competition provisions. The objective of competition law is to prohibit anti-competitive practices and the objective of both the stream is wealth maximization in any economy. Intellectual property protection is necessary to foster innovation and choices of products in the market. It infuses efficiency in the market and increases consumer welfare. India is in the nascent state of its administration of competition laws. 

There are sizable number of cases came before the Indian competition authorities (CCI) and Indian courts. Cases against Microsoft India and abuse of dominant case against Ericsson filed by an Indian company named Micromax is only the beginning of the interface cases on intellectual property and competition law. There is no sufficient case laws and jurisprudence is available in India in guiding the Indian authorities and courts on the interface between intellectual property and competition. It is necessary to make an analysis of the jurisprudence in the US and EU. First part of this paper deals with the US Antitrust Act, 1890 and analysis of a number of cases dealt by the US courts. The EU Regulations and cases are clearer on issues of intellectual property and competition law. Indian jurisprudence is not clear so far and few cases are dealt by the CCI and Indian courts. The study concludes that Indian authorities should learn from other jurisdictions and the jurisprudence will act as guideline for Indian authorities. 

The Intellectual Property Rights: Open Access is an academic journal – hosted by OMICS International – a pioneer in open access publishing–and is listed among the top 10 journals in Intellectual Property Rights: Open Access. Each year research scientists have noticed a rise in the number of congresses being held in this field. The Intellectual Property Rights: Open Access provides a unique platform to researchers and scientist to explore the advanced and developments in the field of Intellectual Property Rights, thus bridging the gap between researchers and young scientists. Intellectual Property Rights is an Open Access journal and aims to publish most complete and reliable source of information on the discoveries and current developments in the mode of original articles, review articles, case reports, short communications, etc. in all areas of the field and making them freely available through online without any restrictions or any other subscriptions to researchers worldwide.