IPR vs. Competition Law: The Case of Indian Bulk Drug Manufacturers.

Autor: Bharatam, Sai Sailaja, Kalluri, Aditi, Nambiar, Sridip S.
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Zdroj: IUP Journal of Applied Economics; Jul2024, Vol. 23 Issue 3, p58-67, 10p
Abstrakt: The aim of intellectual property rights (IPRs) is to protect the rights of innovators, i.e., producers, while the goal of competition law is to protect the rights of end users, i.e., consumers. Therefore, an IP owner runs into conflict with competition law only in the event of a transgression in his capacity as an IP owner if such transgression distorts competition. The conflict between IPRs and competition legislation is still being discussed in the pharmaceutical sector. However, it is a scholarly imperative to evidence concentration before pitting one against the other. To determine how much of an industry's total output is controlled by its largest companies, market concentration ratios can be measured in terms of sales. An economic factor that aids concentration by larger firms in an industry is economies of scale. This paper focuses on the available literature and data to model the economies of scale for bulk drug manufacturers in India. The present work estimates the four-firm concentration ratios of bulk drug manufacturers in India for analyzing the economies of scale. By analyzing the number of patents that are considered proxy for IPRs of firms, it is evidenced that the firms that concentrated the market are also the firms that hold active patents. Hence, it can be concluded that patents serve as positive externalities for firms in bulk drug manufacturing. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index