patent
Patent vs. Antitrust: Supreme Court in CCI v. Swapan Dey
The Supreme Court has stayed a NCLAT order that stripped the Competition Commission of India (CCI) of jurisdiction over patent-related conduct. The case, CCI v. Swapan Dey, addresses whether a patentee’s licensing arrangements can be investigated for anti-competitive behaviour. By freezing the exclusion, the Court keeps open the possibility of antitrust oversight in sectors like pharmaceuticals and technology. This ongoing jurisdictional feud highlights the complex tension between the Patents Act and the Competition Act, and the final verdict will likely reshape how dominant market players structure licensing agreements in India.