Perspectives from Law, Economics and Political Economy
- New Horizons in Intellectual Property series
Edited by Meir Perez Pugatch
Chapter 12: Balancing Intellectual Property Rights and Competition Law in a Dynamic, Knowledge-Based European Economy
12. Balancing intellectual property rights and competition law in a dynamic, knowledge-based European economy Duncan Curley INTRODUCTION The creation of a favourable climate for technological innovation is a critical component of the drive to make the European Union the world’s leading knowledge-based economy by 2010.1 A strong, harmonized and aﬀordable system of intellectual property rights (IPRs) is intended to underpin this policy objective, in recognition of the need to incentivize industry to undertake the necessary investment in research and development.2 Although IPRs vary, they are fundamentally monopoly or quasimonopoly rights. They confer a statutory period during which the proprietor has a legal right to prevent others from carrying out certain acts (such as making, selling and importing products) that fall within the ambit of the granted monopoly. Patents and copyright are two examples of IPRs that will be speciﬁcally referred to later in this chapter; others include design rights, trademarks, database rights and plant variety rights. The eﬀect of IPRs may be of concern to those responsible for safeguarding European consumers from the improper use of monopoly power. It is the European Commission which bears the principal responsibility for regulating the conduct of undertakings on European markets, by enforcing EC competition law, as laid down in particular in Articles 81 and 82 of the EC Treaty, and by formulating competition policy. It is of course important for undertakings operating on European markets to understand how (if at all) EC competition law may circumscribe their rights, since this...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.