Patent Pools and Competition Law - Intersection and Indifference

Author(s)	Dr. Mita Malkhandi, Dr. Santanu Sahu, Mr. Akash Chatterjee
Country	India
Abstract	The relationship between intellectual property (IP) rights, particularly patents, and competitionlaw forms a dynamic yet intricate area of legal and economic study. Patents grant inventorsexclusive rights as an incentive for innovation, driving technological progress. However, thesemonopolistic privileges frequently conflict with the core mission of competition law: to maintainfair market conditions and prevent dominance. This tension is vividly illustrated in patentpools—collaborative frameworks where multiple patent holders license their rights collectively.This article examines the interplay between patent pools and competition law, analyzing theireffects on market behavior and the mechanisms designed to harmonize these seemingly opposinglegal domains. Focusing on India’s legal system, economic theories such as Pareto optimality,and practical examples, it explores the regulatory checks and balances that manage this overlap,alongside their wider implications for innovation, pricing, and consumer welfare.
Keywords	Patent, Competition Law, Patent Pools , Market Dynamics , Licensing , Monopoly , Pareto Optimality
Published In	Volume 7, Issue 2, March-April 2025
Published On	2025-04-26
DOI	https://doi.org/10.36948/ijfmr.2025.v07i02.42590
Short DOI	https://doi.org/g9gvhg

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