1st Edition
Intellectual Property Rights and Competition Law in India
This book explores the relationship between intellectual property law and competition law, proposing a harmonious equilibrium in the dynamic landscape of evolving technology. It explores how Intellectual Property Rights (IPR) can be effectively balanced with competition law considerations, offering insights into navigating the evolving intersection of legal frameworks in the realm of technology and innovation.
In the rapidly evolving landscape of India's legal framework, the intersection of IPR and Competition Law has become a critical focal point. This book dissects the regulatory landscape, offering a thorough analysis of India's competition law and its application in conjunction with patent, copyright, trademark, blockchain technologies, computer software, Artificial Intelligence, and more. Covering landmark legal decisions, precedents, and emerging trends that shape the balance between fostering innovation and preventing anti-competitive practices, the book also uses case studies involving WhatsApp Vs. CCI and Vidya Drolia case. Focusing on India, but with lessons for a global audience, the book brings together contributions from experts across disciplines, to promote innovative solutions to balancing IP and competition law with technological advancements.
The book will be of interest to researchers in the field of the law of emerging technologies, IP law, and competition law.
Foreword
Preface
Acknowledgements
1. Intellectual Property Rights: Theoretical Foundations to Practical Considerations
Rajni Malhotra Dhingra and Nisha Dhanraj Dewani
2. Intellectual Property Rights Safeguard in The Virtual World: Concerning Trips Agreement
Sonia Jain and Lovleen Sharma
3. IPR in Stem Cell Research, Therapy and Regenerative Medicine
Dify Doyil and Mamta Sharma
4. Reviewing the Anti-Competitive Practices in Indian Digital Market: Probable Gaps in Existing Competition Law and Need For Digital Competition Act
Swati Bajaj Seth
5. Analysis of Blockchain Technology for Multimedia Content Protection
Ananya Dutt
6. Big Data and Competition Law: A New Challenge for Competition Authorities
Chetan Dixit and Fincy Pallissery
7. Challenges Concerning Protection of Choreographic Work Under Indian Legislation
Saumya Rao
8. Exploitative Market Abuse through Data Cross-Linking: A Legal Analysis on the Jurisdictional Crossroads
R. Adithya Shri
9. Pharmaceutical Patenting Functionality Regarding Intellectual Property Law and Competition Law in India
Ravindra Singh
10. Standard Essential Patents and Abuse of Dominance: A Comparative Study
Tulika Shree
11. Analysis of Legal Evasion of Tax on Transfer Pricing with Specific Reference to Valuation of Intangibles
P. Ragu Balan and E. Prema
12. Unravelling the Metaverse: Examining Competition Law and Necessitating Regulatory Evolution in the Indian Context
Madhura Nikalje
13. Nurturing a Competitive Environment: The Role of Competition Regime in the Digital Marketplaces
Zubair Ahmed Khan and Priti Ramani Nayyar
14. Balancing Access to Medicine, Pharmaceutical Patents, and Competition Law in India
Rajinder Kaur Randhawa and Riya Kumar
15. IP Financing: Intellectual Property Used as Security to Raise Funds
Ravindra Singh
16. Taxation of Computer Software: Challenges Under E-Commerce Transaction
Remya Vijay
17. Navigating Challenges and Proposing Solutions: The Interplay of Jurisdiction in Artificial Intelligence and Intellectual Property
Mukesh Kalwani
18. Arbitration Law and Competition Law: From Distrust to Embrace
Venu Parnami Tuteja and Sanjana Sharma Marwaha
Index
Biography
Rajni Malhotra Dhingra has an experience of teaching in Law for more than 18 years. She is the Director Maharaja Agrasen Institute of Management Studies, New Delhi. She has many published Articles in National and International Journals to her Credit. She has authored six books. She is a member of Board of Studies, Guru Gobind Singh Indraprastha University, New Delhi. She is the resource person of many reputed organizations. She has also received “Pradhancharaya Shikshak Ratan Samman” by Bharat Vikas Parishad in 2022.
Nisha Dhanraj Dewani holds 13 years of Academic experience. She did her Ph.D., LLM (corporate law), and BA LLB from Jamia Millia Islamia University, India. She is on the Editorial Board of many International and National journals. She has worked with UNICEF, UNITAR, WTO, and many reputed institutions on the subjects of child abuse and Government surveillance issues. She is the author of two books. Presently, she is working in Maharaja Agrasen Institute of Management Studies, GGSIP University as an Associate Professor.
