Intellectual Property Rights and Competition Law in India

1. Auflage 2024
ISBN: 978-1-032-73325-8
Verlag: Taylor & Francis

Buch, Englisch, 250 Seiten, Format (B × H): 163 mm x 235 mm, Gewicht: 512 g

Reihe: Routledge Research in Intellectual Property

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 anticompetitive 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.

Zielgruppe

Postgraduate

Autoren/Hrsg.

Malhotra Dhingra, Rajni

Dhanraj Dewani, Nisha

Fachgebiete

• Rechtswissenschaften Wirtschaftsrecht Gewerblicher Rechtsschutz Gewerblicher Rechtsschutz allg., Marken- und Kennzeichenrecht
• Rechtswissenschaften Wirtschaftsrecht Urheberrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Inhaltsverzeichnis

Foreword

Preface

Acknowledgements

 

1. Intellectual Property Rights: Theoretical Foundations to Practical Considerations

2. Intellectual Property Rights Safeguard in The Virtual World: Concerning Trips Agreement

3. IPR in Stem Cell Research, Therapy and Regenerative Medicine

4. Reviewing the Anti-Competitive Practices in Indian Digital Market: Probable Gaps in Existing Competition Law and Need For Digital Competition Act

5. Analysis of Blockchain Technology for Multimedia Content Protection

6. Big Data and Competition Law: A New Challenge for Competition Authorities

7. Challenges Concerning Protection of Choreographic Work Under Indian Legislation

8. Exploitative Market Abuse through Data Cross-Linking: A Legal Analysis on the Jurisdictional Crossroads

9. Pharmaceutical Patenting Functionality Regarding Intellectual Property Law and Competition Law in India

10. Standard Essential Patents and Abuse of Dominance: A Comparative Study

11. Analysis of Legal Evasion of Tax on Transfer Pricing with Specific Reference to Valuation of Intangibles

12. Unravelling the Metaverse: Examining Competition Law and Necessitating Regulatory Evolution in the Indian Context

13. Nurturing a Competitive Environment: The Role of Competition Regime in the Digital Marketplaces

14. Balancing Access to Medicine, Pharmaceutical Patents, and Competition Law in India

15. IP Financing: Intellectual Property Used as Security to Raise Funds

16. Taxation of Computer Software: Challenges Under E-Commerce Transaction

17. Navigating Challenges and Proposing Solutions: The Interplay of Jurisdiction in Artificial Intelligence and Intellectual Property   

18. Arbitration Law and Competition Law: From Distrust to Embrace 

 

Index

Über Autor(innen)

Rajni Malhotra Dhingra has an experience of teaching in law for more than 18 years. She is the Director of 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 PhD, 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 is a resource person for various areas like IPR, Competition Law, and Electronic Evidence. She has publications in different and reputed yearbooks indexed in Scopus and WoS. She is author and editor of a total of four books. She is working at Maharaja Agrasen Institute of Management Studies, GGSIP University as Associate Professor.