https://www.taxtmi.com/caselaws?id=457700 The Competition Act, 2002 and the Patents Act, 1970 operate in distinct but overlapping fields, so competition scrutiny of patent licensing is not excluded merely because patent rights are involved. Section 3(5) protects only reasonable and necessary restraints used to protect patent rights; it does not confer absolute immunity for onerous or anticompetitive licence conditions, which remain subject to examination under the Competition Act. The earlier telecom-sector decision was confined to the regulator's special statutory role and did not require the Competition Commission of India to await patent-authority findings. On these principles, the challenge to the Commission's investigation orders failed. en-us Wed, 20 May 2020 00:00:00 +0530 Wed, 25 Sep 2024 23:06:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457700 The Competition Act, 2002 and the Patents Act, 1970 operate in distinct but overlapping fields, so competition scrutiny of patent licensing is not excluded merely because patent rights are involved. Section 3(5) protects only reasonable and necessary restraints used to protect patent rights; it does not confer absolute immunity for onerous or anticompetitive licence conditions, which remain subject to examination under the Competition Act. The earlier telecom-sector decision was confined to the regulator's special statutory role and did not require the Competition Commission of India to await patent-authority findings. On these principles, the challenge to the Commission's investigation orders failed. Case-Laws Law of Competition Wed, 20 May 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457700