Patent Act prevails over Competition Act: DHC

The Delhi High Court (DHC), dealing with the issue that if Competition Commission of India (CCI) has powers to investigate abuse of dominant position by a patentee when a patent is granted in India, has held that CCI cannot investigate the patentee abusing its dominant position, while exercising its patent rights, and this can only be done by the Controller of Patents. The DHC noted that Chapter XVI of the Patents Act, 1970 is a complete code on all issues pertaining to licensing conditions, abuse of status as a patentee, and relief that is to be granted; and that there is no scope of doubt that the Patents Act is the special statute, and not the Competition Act.