Anti Competitive Agreements in India — Law Insider

  1. Enterprise and enterprise;
  2. Enterprise and association of enterprises;
  3. Two associations of enterprises;
  4. Two persons;
  5. Person and the persons association;
  6. Between two association of persons;
  7. Person and an enterprise;
  8. Person and an association of enterprise;
  9. Association of persons and enterprises;
  10. Persons and Enterprises association.
  • Patent pooling: If the firm of pooling decides not to grant licence to any third parties, then it may be a restricted practice.
  • Tie-in arrangement- It will be the restrictive practice, if the licensee is required to take particular goods solely from the patentee.
  • Even after the expiry of the patent the agreement to continue the payment of Royalty.
  • Licensee may be fixed not to challenge the validity of Intellectual Property Rights
  • Licensees were not given freedom to the licensor to fix any price to sell.
  • A licensee may be coerced by the licensor to take several licenses in intellectual property even the Licensee may not need all of them.
  • Condition imposing quality control on the licensed patented product beyond those necessary.
  • Should not restrict the licensee from selling the licensed product
  • Licensee’s businesses should not be the restrictive one; it must be Anti-Competitive in nature.
  • Licensor should not restrict the licensee to use the staff provided by the licensor only.

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