Globalization has made the world smaller by
integrating the global markets. It has given consumers a greater choice of
products and brands with lower costs. However, this has also exposed them to
various unfair practices adopted by the producers. It is generally recognized
that a strong intellectual property right
(IPR) regime is a critical precondition for enhancing and stimulating economic
growth in the country. It facilitates greater investment into the research and
development as well as provides means to improve the quality of life of people
of the country. IPR not only protects the innovative and creative capacity of
competitors and owners of IP rights that supply goods and services, but it also
concern itself with the interests of the consumers of those goods and services,
directly or indirectly. The existence of such rights is necessary for overall
development of society. The areas of intellectual property that are most
relevant for consumer protection are Trade Marks, Geographical Indications and
Protection against unfair competition. A trade mark is a sign which is used in
the course of trade and distinguishes goods or services of one enterprise from
those of other enterprises. While, a geographical indication is an indication
used to identify goods having special characteristics originating from a
definite geographical territory. These IP rights help the consumers in buying
quality products and protect them from use of substandard products which may
cause health and safety hazards. Thus, the proper operation of IP rights and
their enforcement is very important for consumers. Further, it is the core of
IP system that people of the country must be protected from unfair competition,
that is, from any act of dishonest practice in trade and business.
Protection against unfair competition has been recognized as one
of the main objectives of intellectual property system, which prohibits any act
of competition that is contrary to honest practices in industrial or commercial
matters, referred to as "unfair competition". The acts of unfair
competition not only adversely affect the competitors, which tend to lose their
customers and market share; but also affect consumers as they are likely to be
misinformed and mislead and tend to suffer economic and personal prejudice. Whatever
form unfair competition may take, it is in the interest of the honest and
legitimate entrepreneur, the consumer and the public at large that they should
be prevented from it as early and as effectively as possible. Free and fair
competition between enterprises is considered to be the best means of
satisfying supply and demand in the economy as well as of serving the interests
of consumers and economy as a whole. This stimulates innovation and
productivity and leads to the optimum allocation of resources in the economy;
reduces costs and improves quality; as well as accelerates economic growth and
development. The paper attempts to undertake a review of the above interfaces
between IPR and Consumer Protection regime in India.
