22 八月 2022

Patents – Jurisdiction of Competition Commission

Jurisdiction of the Competition Commission is not ousted the moment a complaint relates to the subject of patents.

The Delhi High Court in this regard found itself unable to read Section 3(5) of the Competition Act, 2002 as excluding the jurisdiction of the Commission completely even though the information may relate to issues pertaining to an anti-competitive environment, abuse of dominant position or the adoption of an unfair trade practice.

According to the High Court, it is ultimately the substance of the complaint and whether the allegations relate to aspects which would fall within the province of the Commission which would truly determine whether the assumption of jurisdiction is sustainable in law.

The Court in Vifor International Ltd. v. CCI [Order dated 28 July 2022] also opined that it is only when a complaint concerns itself solely or exclusively with the violations of the Patent Act, 1970 or the infringement or enforcement of rights that may otherwise be conferred by that Act that it could be said that the information would fall outside the purview and power of enquiry of the Commission.

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