Elgar original reference
Edited by Ioannis Lianos and Damien Geradin
Chapter 13: Innovation, IPRs and EU competition law
The intellectual property laws governing patents and industrial copyright are often portrayed as the wellsprings of innovation because of the legal monopoly they offer as a reward and incentive to inventors and creators, whereas the ‘external’ restrictions imposed by the EU competition laws rules on the exercise of intellectual property rights (‘IPRs’) have sometimes been argued to have the effect of lessening these incentives to innovation and hence innovation in general. The contention has been made in several contexts. It has been urged as a defence in antitrust litigation involving companies with enormous market power. It has been used as an argument for clearer and stronger intellectual property (‘IP’) protection for inventors and creators. Finally, it has been used as argument for limiting the scope of competition laws.
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