- Elgar original reference
Edited by Josef Drexl
Chapter 5: The New EC Competition Law Framework for Technology Transfer and IP Licensing
Steve Anderman 1 Introduction EC competition policy and intellectual property rights (IPRs) are becoming widely recognized as complementary components of a modern industrial policy. Although each has other aims, both pursue the common aim of improving innovation and consumer welfare. Yet they do so by using rather different means. Intellectual property legislation such as patents, copyright and design rights laws offer IP right holders a period of exclusive rights to exploit their IPRs as a reward and incentive to innovation and R&D investment. Modern competition policy attempts to keep markets innovative by maintaining effective competition. The means used to pursue this aim include maintaining access to markets and preventing ‘foreclosure’ or illegitimate monopolization of markets. At first sight there seems to be a potential clash in the methods used by the two systems of legal regulation to achieve their common aim. The concern to maintain access to markets appears to be almost completely opposed to the concept of exclusive rights to make, use and sell a product. Indeed, historically there was a period when the misunderstanding of the economic effects of IPRs led EC competition policy to attempt to place overly strict limits on the exercise of IP rights, particularly in the field of patent licensing.1 Today, however, EC competition policy treats the economic effects of IPRs more realistically. The Community Courts and the Commission take the view that the market power associated with an IPR-protected product must be established empirically. Equally importantly, EC competition law gives explicit recognition...
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.