Competition Law Under The Mandate Of Trips Agreement

Competition Law Under The Mandate Of Trips Agreement

- Lawz Bureau

Intellectual property rights provide the owner of the intellectual assets with exclusive control over their inventions. On the other hand competition law seeks to avoid market barriers and encourages competition among a multiplicity of suppliers of goods, services and technologies which ultimately benefits consumers. TRIPS contains a modicum of competition rules, namely Articles 8.2, 31(k), and 40, even though it is an international convention dealing mainly with Intellectual property rights. TRIPS Agreement recognizes power of WTO members over controlling Intellectual property rights - related anti-competitive practices. In India the Competition Act 2002 was enacted by replacing Monopolies and Restrictive Trade Practices Act 1969.

Introduction

The law of unfair competition was dealt with in the Paris Convention for Protection of Industrial Property, 1883. The Treaty of Rome (EC Treaty) was signed in March 1957. With the negotiations between developing and developed countries, on the International Code of Conduct on the Transfer of Technology under the auspices of the United Nations Conference on Trade and Development (UNCTAD) from 1970 – 1985 restrictive trade practices got special importance in New International Economic Order (NIEO). TRIPS Agreement recognizes power of WTO members over controlling IPR- related anti-competitive practices. Article 40 deals with the IPR/competition law interface in TRIPS and is playing a vital role in the flexibilities available to developing countries.

TRIPS Flexibilities

TRIPS has given some flexibilities to its member nations to combat with the problem under its provision Article 8, Article 40, Article 31K.