The High Court of Delhi sides with the Indian Competition Authority and resolves the jurisdictional issue between the latter and the Intellectual Property Rights Authorities under the Patents Act (Monsanto)

Following the appeal made against several orders of Competition Commission of India (“CCI”) by Monsanto Holdings Pvt. Ltd. (“MHPL”), the Delhi High Court on 20th May, 2020 handed down the judgement of MHPL & Ors. v. CCI [' id='nh1'>1], clarifying mainly the jurisdictional issues between the IPR authorities and the competition authority of India. Introduction The interplay of Competition law and Intellectual Property Rights (“IPR”) has always led to the question of whether the relationship between them is of a complementary or a conflicting nature. Narrowing it down to just patent rights, the relationship between the two is that of a double-edged sword, for patent rights lead to prevention, the copying or imitation of patented goods thereby complementing the fair market framework

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  • Hidayatullah National Law University (Raipur)

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Bhabya Mahapatra, The High Court of Delhi sides with the Indian Competition Authority and resolves the jurisdictional issue between the latter and the Intellectual Property Rights Authorities under the Patents Act (Monsanto), 20 May 2020, e-Competitions July 2020, Art. N° 95424

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