Franchising as a Form of Trademark Licensing

Franchising represents one of the most sophisticated and widespread applications of trademark licensing in modern business, serving as a powerful mechanism for brand expansion while embedding strict quality controls that go far beyond traditional licensing arrangements. At its core, franchising allows a business owner, known as the franchisor, to grant independent operators, or franchisees, the […]

Protection or Privilege? Regulating Giants in Modern Markets of Capitalism

Trademarks to Tyranny: Discussing the Balance between Dominance and Protection Capitalism as a system of economics and means of trade has been pervasive across all nations of the world. Emerging in the 17th century with the demise of Mercantilism, economic freedom soon took centre stage when it came to efficiency and maximum growth for market […]

Introduction of Lesser Penalty Regime under Competition Law

ABSTRACT Enforcement of an Effective Cartel can yield a tangible reduction in prices as well as an increase in the welfare of consumers in the market. There is a consensus that cartels are the only field of competition where they cripple and slow down the economy. But Cartels are also very hard to catch because […]

Intersection of Intellectual Property Law and Competition Law with respect to Cross Licensing Agreements

Introduction The human mind is a marvel with an astonishing potential to transform ideas into practice and commercialize them in order to accrue benefits. This has led to the introduction of intellectual property rights which are a set of exclusionary rights as it excludes the world from enjoying a set of rights arising out an […]

Intellectual Property Law and Competition Law: Conflicting or Complementing

Introduction If we take a broader look at the Intellectual Property Laws, the primary objective of the legislation in framing these laws is to provide exclusive rights to the IP right holder as against the entire world. For example, Patent Law aims to prevent copying or imitating patented goods by anyone other than the patentee. […]

Intersection between Intellectual Property (IP) and Competition Law

With a growing buzz around how IP and Competition law interface with each other, instances when they can be coupled by Defendants to raise concerns/defense arguments, as to how and when investigations can be initiated through the Competition Commission of India (CCI), are becoming critical and hence need clarity at all ends. This piece is […]

Competition Law and IPR- Friends or Foes?

An intellectual property right holder is granted legal rights to protect his intellectual property- here is where competition law plays a huge role by ensuring that such power and monopoly is restricted in the market. Both intellectual property rights and competition law have co-existed separately and peacefully since a number of years. It was later […]