Author: Yogesh Kumar, LL.M. (2023-24), Gujarat National Law University, Gandhinagar
ABSTRACT
The research paper aims to address instances where intellectual property firms exploit their dominant position, granted by copyright laws, by refusing to grant copyright licenses to competitors, thereby impeding fair competition in the market. The paper delves into the definitions of ‘abuse’ and ‘dominant enterprise’ in the context of U.S. and EU laws, while also considering their applicability in Indian legal frameworks. The paper’s focus is primarily on the legal systems of the United States, the European Union, and India.
Furthermore, the author investigates the intersection between competition laws in these three jurisdictions and intellectual property rights, particularly concerning the issuance of copyright licenses to foster competition. The research includes a comprehensive analysis of how the United States and the European Union have handled cases involving Intellectual Property Licensing (IPL) licenses and their refusals. The paper also seeks to determine whether the Indian legal landscape is prepared to address such instances of license denial.
