(5)Nothing contained in this section shall restrict -(i)the right of any person to restrain any infringement of, or to impose reasonable conditions, as may be necessary for protecting any of his rights which have been or may be conferred upon him under -(a)the Copyright Act, 1957 (14 of 1957);(b)the Patents Act, 1970 (39 of 1970);(c)the Trade and Merchandise Marks Act, 1958 (43 of 1958) or the Trade Marks Act, 1999 (47 of 1999);(d)the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999);(e)the Designs Act, 2000 (16 of 2000);(f)the Semi-Conductor Integrated Circuits Layout-Design Act, 2000 (37 of 2000);[(g) any other law for the time being in force relating to the protection of other intellectual property rights.](ii)the right of any person to export goods from India to the extent to which the agreement relates exclusively to the production, supply, distribution or control of goods or provision of services for such export.Prohibition of abuse of dominant position 4. Abuse of dominant position. - [(1) No enterprise or group shall abuse its dominant position.] (2) There shall be an abuse of dominant position [under sub-section (1), if an enterprise or a group],-(a)directly or indirectly, imposes unfair or discriminatory-(i)condition in purchase or sale of goods or services; or(ii)price in purchase or sale (including predatory price) of goods or service.Explanation. - For the purposes of this clause, the unfair or discriminatory condition in purchase or sale of goods or services referred to in sub-clause (i) and unfair or discriminatory price in purchase or sale of goods (including predatory price) or service referred to in sub-clause (ii) shall not include such [condition or price] which may be adopted to meet the competition; or(b)limits or restricts-(i)production of goods or provision of services or market therefor; or(ii)technical or scientific development relating to goods or services to the prejudice of consumers; or(c)indulges in practice or practices resulting in denial of market access in any manner; or(d)makes conclusion of contracts subject to acceptance by other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; or(e)uses its dominant position in one relevant market to enter into, or protect, other relevant market.Explanation. - For the purposes of this section, the expression-(a)"dominant position" means a position of strength, enjoyed by an enterprise, in the relevant market, in India, which enables it to-(i)operate independently of competitive forces prevailing in the relevant market; or(ii)affect its competitors or consumers or the relevant market in its favour;(b)"predatory price" means the sale of goods or provision of services, at a price which is below the cost, as may be determined by regulations, of production of the goods or provision of services, with a view to reduce competition or eliminate the competitors;[(c) "group" shall have the same meaning as assigned to it in clause (b) of the Explanation to section 5.]Regulation of combinations
