World Intellectual Property Organization


The Competition Act 2002

Year of Version:2003
Date of Entry into Force:January 14, 2003
Date of Text (Enacted):January 13, 2002
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Competition, Copyright and Related Rights (Neighboring Rights), Geographical Indications, Layout Designs of Integrated Circuits, Other, Patents (Inventions), Trademarks
This Act regulates the manner in which business is done by laying down laws that promotes consumer interests and foster fair trade practices and free and fair competition among business players in the market of India, by restraining companies, enterprises, firms, corporations, etc, whether incorporated in India or abroad, from indulging into unfair and restrictive trade practices.
Section 3(5)(i) lays down that nothing in this section should restrict the right of any person to restrain any infringement of, or to levy conditions as maybe necessary for the protection of his rights which have been or might have been conferred upon him under:
(a) the Copyright Act, 1957;
(b) the Patents Act, 1970;
(c) the Trade and Merchandise Marks Act, 1958, or the Trademarks Act, 1999;
(d) the Geographical Indications of Goods (Registration and Protection) Act, 1999;
(e) the Designs Act, 2000;
(f) the Semi-conductor Integrated Circuits Layout-Designs Act, 2000.
For the purposes of section 5, the explanatory note under it, in note (c), explains how the value of assets shall be determined. It states that the value of assets includes the value of goodwill, value of copyright, patent, permitted use, collective mark, registered proprietor, registered trademark, registered user, homonymous geographical indication, geographical indication, design or layout design or similar other commercial rights.
Section 28 states how the Central Government may divide the enterprise that enjoys a dominant position to ensure that the enterprise does not abuse its dominant position. In section 28(2) it is stated how the order from the Central Government regarding the division of an enterprise in a dominant position, may provide for all or any of the matters, namely: (a) the transfer or vesting of property, rights, liabilities or obligations. Section 62 states that the application of other laws in force are not barred or limited; they can apply in addition to the provisions of this Act.
Available Texts: 

The Competition Act 2002 The Competition Act 2002, Complete document (pdf) [12647 KB]

Related Legislation:
WIPO Lex No.:IN089



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