Research Handbook on Intellectual Property and Competition Law
Show Less

Research Handbook on Intellectual Property and Competition Law

  • Elgar original reference

Edited by Josef Drexl

This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright.
Buy Book in Print
Show Summary Details

Chapter 1: Competition Law and Intellectual Property Rights – Outline of an Economics-based Approach

Olav Kolstad

Extract

1 Competition law and intellectual property rights – outline of an economics-based approach Olav Kolstad 1 Competition law and IP law – in conflict or pursuing a common aim? From a competition law point of view intellectual property rights (IPRs) may be viewed as a means to reduce competition. An IPR gives the right holder a right hindering others from offering the protected product to the market in competition with the IPR holder. An IPR may also be used to restrict competition between licensees given the right to produce a protected product. EC Treaty Articles 81 and 82 protect the market mechanism from anti-competitive conduct. If national legislation on IPRs gives the right holders the possibility to restrict competition, the logical response from the EC competition rules is to censor anti-competitive conduct based on IPRs. The relationship between EC Treaty Articles 81 and 82 and IP law is not necessarily one of conflict. It can be argued that competition law and IP law share the same economic objectives. If the two sets of rules are interpreted against the background of a common aim, possible conflicts between competition law and IP law can be reduced. In section 2, I will outline a theoretical framework for an economics-based analysis of the common goal of competition and IP law. In section 3, I will apply the theoretical framework developed in section 2 in the interpretation of Articles 81 and 82. 2 The theoretical framework – an outline 2.1 The efficiency goal of Articles 81 and 82...

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.


Further information

or login to access all content.