The Indian Patent Act, 1970 and the Indian Competition Act, 2002, both provide measures to curb anti-competitive practices.1 The Competition Act, 2002, provides a forum, which is quite dissimilar to that provided by the Indian Patent Act for the redressal of grievances pertaining to anti-competitive practices involved in exploitation of patents. Harmonious interpretation of different legislations is a fundamental tenet of the principle of interpretation of statutes. It has now been fairly established that the Laws dealing with intellectual property deal with establishment of rights whereas the competition law deals with the existence of rights. The leitmotif of this article is not to regurgitate the scholarly writings on the intersection between Intellectual Property Rights and the Competition law. This article aspires to provide a facet of the clash between the Patent Act and the Competition Act in searching the appropriate forum having jurisdiction to address issues pertaining to both the domains. It ends with a picture in which the author has endeavoured to provide possible solutions for untying the Gordian knot. Interpretation of statutes has served as a useful tool for the authors foray into unchartered territories defined under the article. Since, the Indian jurisprudence on the subject at issue has not yet been fully developed, this article, quotes some possible interpretations which might assist in building a legal jurisprudence.
World Competition