Law in India Controlling Anti-Competitive Practices in Contractual Licenses

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The position is that some enactments, the Patents Act, 1970 is one example, specifically provide for the control of anti-competitive practices in contractual licenses while some are silent on the subject. This is no serious handicap as complaints of anti-competitive abuse through contractual licenses may be made before the authorities under the Competition Act, 2002.

Sections 140 and 141 of the Patents Act, 1970 provide for the control of anti-competitive practices in contractual licenses. The subject is discussed in the chapter on patents under the heading, ‘Control of anti-competitive practices in contractual licenses.’

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