Regulation of Patent Monopoly under Competition Law

CONTENTS
Certificate;
Declaration ;
Acknowledgement ;
List of Abbreviations ;
Table of Legislation ;
Table of Conventions and Treaties ;
Table of Agreements and MOU;
Abstract ;
Objective of study;
Research methodology;
Hypotheses;
Research question;
Limitation;
Mode of citation;
1. Introductory ;
History, evolution and object of patent and competition law ;
. Does patent monopoly promote competition? ;
3.1. Patent monopoly is an instrument to promote competition;
3.2. Patent monopoly may affect the competition;
3.3. Jurisprudential analysis of abuse of right;
3.4. Abuse of patent monopoly;
• Refusal to grant licence;
• Imposing unreasonable conditions while granting licence;
• Price practices;
• Excessive pricing;
• Price fixing;
• Predatory pricing;
• Price squeeze;
• Discrimination;
• Refusal to deal;
• Tie-in restrictions;
• Patent package;
• Patent pooling;
• Grant-back;
Principles for determining anti-competitive practices regarding patent abuse ;
4.1. Patentees' monopoly right and obligations in India;
4.2. Patent right as chose in action:
43. Duties of patentee under Indian Patent law;
4.4. Rules for determining effect on competition: Concept of Rule of reason and per se rule;
4.5. End of "per se rule" in U.S. for patent ties case;
4.6. Under Indian competition law the "per se rule" or "shall presume rule" lies in vacuum, if applied to regulate patent monopoly;
4.7 Regulation of patent monopoly in India by the application of "rule of reason";
4.8 Abuse of patent monopoly under Section4 of the Competition Act, 2002;
5. Where the remedy lies in case of interface between patent and competition law? ;
5.1 Jurisdictional conflict in U.S.;
5.2. Jurisdictional conflict in EU;
5.3. Regulation of patent abuse under Canadian Competition law;
5.4. Where the remedy lies in competition issues arising from patent; infringement dispute in
India?;
6. International regime to regulate the competition and IPRs (patents) interface ;
6.1. Paris Convention and NAFT A;
6.2. TRIPS standard;
6.3. Havana Charter and Draft International Antitrust Code;
7. Extraterritorial enforcement jurisdictional conflict to regulate patent monopoly ;
7.1. Effects doctrine;
7.2. Bilateral co-operation;
7.3. Multilateral co-operation;
7.3.1. Multilateral Agreement;
7.3.2. Role of OECD;
7.3.3. Role of UNCTAD;
Conclusion ;
Suggestions ;
References ;

Indian Patent Law Patent Monopoly - Competition Law Patent Monopoly Rights - India