ATRIP Intellectual Property series
Edited by Jan Rosén
Chapter 3: The Multiplicity of Territorial IP Rights and its Impact on Competition
Ole-Andreas Rognstad INTRODUCTION 1. When discussing the impact on competition of various kinds of IPRownership, it is important to note in particular that the notions of multiple and collective ownership are far from clear and that the terms can be defined in different ways.1 Regardless of the definitions or the classification of terms, the main issue to be discussed when addressing the question of the impact on competition of individual, multiple and collective ownership is the impact the ownership structure in itself has on competition in relevant markets. In this respect a natural starting point is to consider the ownership structure within a particular IPR regime. It is reasonable to presume that professor Hilty has implicitly taken this starting point in his survey and analysis in Chapter 1.2 It is also possible, however, to analyze the consequences for competition of 1 Compare Peukert (2011) pp. 195 et seq., with Hilty (Chapter 1 of this book). Peukert defines multiple ownership as the situation where “not only one, but a plurality of IP rights is relevant for a certain product” (p. 200), whereas collective ownership occurs where “only one IP right is at stake” (p. 212). Pursuant to Hilty’s definitions, multiple ownership entails a limited number of owners, contrary to collective ownership, which comprises an open number of owners. A third understanding of the concept of collective ownership seems to follow from Schovsbo in Chapter 8 of this book, who focuses on collective rights administration, a phenomenon which according to Peukert’s approach...
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