Training Material

MOdule NAME OF THE MODulE BRIEF DESCRIPTION

I

Competition Law

  • Introduction to Competition Law and its various aspects

  • The Prohibition of Anti-competitive Agreements

  • Abuse of Positions of Dominance

  • Merger, Amalgamations and Acquisitions Control, Remedies under the Competition Act

  • Implementation and its advantages.

  • Objects of competition law

  • Monopolies and the Crown, the adverse consequences of monopolies

  • Economics and competition law

  • Globalization and liberalization

  • Sustainable competition in market

  • Evolution of competition law from Nehruvian mixed model to promote an inclusive economic growth and social justice.

  • The role of preserving the competitive structure of markets.

  • Competition Commission of India, compulsory licensing of patents, regulation of law in India and it implementation.

II

Intellectual Property Rights (IPR)

  • Basic of Intellectual Property Rights (IPR)

  • Need and importance in various sectors

  • Patents, trademarks, Copyrights, Industrial designs, Geographical indications, trade secrets, confidential information, and layout-designs of integrated circuit

  • Importance of IPR in economic growth and global market

III

Relation between IPR and Competition Law

  • combination of innovation and legal rules to balance the sustainable development and growth in economy

  • broadness of Intellectual Property Rights (IPR) and its effect on innovation and competition law

  • IPR policy and its compatibility or conflict with competition law.

  • Balance and compatibility between IPR and Competition Law

  • role played by trade Related Intellectual Property Rights (trIPS) for harmonizing the Intellectual Property Rights (IPR) with competition law for innovation encouragement as well as social and economic welfare (Parallel Imports, Compulsory licensing).

  • Conflict between IPR and Competition Law This module discloses conflicting factors between Intellectual Property Rights (IPR) and competition Law

  • Standard-Essential Patents (SEP) , Fair, Reasonable and Non-discriminatory (FRAND) licensing in India

  • MoA’s draft notification on compulsory license of Genetically Modified technology on FRAND terms

  • Anti-trust cases (With focus on latest SEP and FRAND litigations in India)

IV

IPR and Competition Law based Agreements and treaties

  • Different treaties, agreements and laws sustained for the efficient combination of Intellectual Property Rights (IPR) with Competition Law

  • Competition Commission of India

  • The Competition Act, 2007

  • MRTPC dissolved –Competition Amendment Bill (2009)

  • The Competition Act, 2002 (as amended): Section 3(5) a)The Copyright act, 1957 b)The Patent act, 1970 c)The trade and Merchandise Act, 1958; trademarks act 1999 d)The Design Act, 2000 e)The Semi-conductor Integrated Circuit Layout- Design Act 2000

  • Competition Appellate tribunal (COMPAT)

  • International Centre for trade and Sustainable Development (ICTSD)

  • trade Related Intellectual Property Rights (trIPS)

  • World trade Organization (WTO)

V

Monopolies and Restrictive trade Practices (MRTP) Act

  • Monopolies and Restrictive trade Practices (MRTP) Act and its role as a precursor for the Competition Act and as a legislative body to deal with the monopolistic trade related issues Anti-competitive Agreements (u/s 3 of the Act)

  • Abuse of Dominance (u/s 4 of the Act)

  • Combination like Merger, alliance etc. (u/s 5 & 6 of the Act)

  • Salient Features of the New Competition Regime

VI

International Dimensions of Competition Law and IPR

  • Introduction of Intellectual Property Rights (IPR) with competition law for fair and smooth working in the market and to avoid anti-competitive practices.

  • US competitive law or anti-trust law.

  • Competition law in United States

  • Competition law in European Union Competition law in United Kingdom

  • Competition law in Canada

  • Competition law in Japan

  • Comparison of Intellectual property & competition law in different countries.

VII

Relation of Pharmaceutical Sector with Competition Law and Intellectual Property Rights (IPR)

  • Finance and management in healthcare and pharmaceutical industry. Drug Regulation and competition Drug and cosmetics Act, 1940 Consumer drug Information Indian Drug Price Control Order (DPCO) order Doha and the August decision Neglected diseases: A clear case of market failure (Role of IP protection in stimulating R&D on diseases prevalent in developing countries)

VIII

Case studies and Exercise

  • Module explains abuse of monopoly with respect to pricing, more frequently in the developing countries

  • Mahyco Monsanto Biotech (INDIA) Pvt. Ltd. v/s The Union of India

  • Manju Bharadwaj v/s Zee Telefilms Ltd.

  • FICCI Multiplex Association of India v/s United Producers/Distributors Forum

  • Aamir Khan Productions Pvt. Ltd. v/s The Union of India

  • Kingfisher v/s Competition Commission of India Hawkins Cookers limited v. Murugan Enterprises, 2008 (36) PTC 290(Del).

  • Canada (Director of Investigation and Research) v. Teledirect (Publications) Inc. (1997), 73 C.P.R. (3d) 1 (Comp. trib.).

  • Microsoft v. Comm’n, Case T-201/04, 2007 ECR II-1491.This module includes numbers of exercises based on the aforesaid topics.

Exercise

  • To study Market strategies(an effective CLP is to protect and promote the process of competition, preventing anti-competitive and unfair business practices such as price fixing, market allocation, bid-rigging, and other forms of cartels, monopolization by large firms with market power, and mergers and acquisitions aimed at pre-empting or reducing competition)