SpicyIP Tidbit: The Competition Act v. The Patent Act: Catch 22
The Supreme Court last week issued notice on a special leave petition filed by the Competition Commission of India(CCI) against the Delhi High Court’s decision in Telefonaktiebolaget LM Ericsson (PUBL) v. Competition Commission of India and Anr. The main question before the SC is whether the provisions of Patent Act would prevail over the Competition Act in cases alleging anti competitive behaviour or abuse of dominant position. Background In that judgement, discussed by Praharsh here, the primary question was whether an agreement relating to protection of […]
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