SC to decide CCI’s Jurisdiction over abuse of Patent Rights
Can CCI decide whether a patentee, in exercising his exclusive rights under the Patent Act, has violated the provisions of Competition Act, 2002? Readers of this blog must be aware how hotly contested this question is (here, here, here, here and here). From initially holding that CCI does have jurisdiction to investigate, a DHC DB had ultimately ousted CCI’s power to investigate abuse of patent rights. Last year, disposing of a SLP against the DB judgement, the SC had refused to decide the above issue since the parties had reached a […]
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