THE INTERFACE OF PATENT AND COMPETITION LAW IN PHARMACEUTICALSECTOR: AN INDIAN SCENARIO

Abstract

Patent and competition are interlinked with each other. Where on one hand,  patentprovide an exclusive right to inventor for his invention/creation  for  a particular period of time and motivate him for further R& D and promote science and development  to protect the humanity. On the other hand, patent also restrict common public from using such invention to protect human health. In such scenario, the competition  will occurred when such inventor try to utilize his monopoly rights and indulge in anticompetitive practice and abuse his dominant position in health crisis like corona pandemic. Therefore, in this article, I have examined the significance of these two law in the Pharma sector and their influence on public health.