Intellectual Property Law & Competition Law
Journal of International Commercial Law and Technology, Vol. 6, No. 2, pp. 120-131, 2011
11 Pages Posted: 20 Sep 2011
Date Written: November 1, 2010
Competition law and intellectual property rights (IPRs) have evolved historically as two separate systems of law. There is a considerable overlap in the goals of the two systems of law because both are aimed at promoting innovation and economic growth. Yet there are also potential conflicts owing to the means used by each system to promote those goals. IP laws generally offer a right of exclusive use and exploitation to provide a reward to the innovator, to provide an incentive to other innovators and to bring into the public domain innovative information that might otherwise remain trade secrets. Competition authorities regulate near monopolies, mergers and commercial agreements with the aim of maintaining effective competition in markets. This article introduces the concept of IPRs and Competition law. It highlights important areas of conflict between the two laws and also deals with the Indian antitrust law. It concludes by trying to harmonize the conflicts.
Keywords: Intellectual Property Rights (IPR), Monopolistic Rights, Competition Law, TRIPS Agreement, Internationalize Intellectual Property Antitrust Rules, Antitrust Law
JEL Classification: Q34, K21
Suggested Citation: Suggested Citation