Constructing European Intellectual Property
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Constructing European Intellectual Property

Achievements and New Perspectives

Edited by Christophe Geiger

This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research.
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Chapter 5: Intellectual property and competition law in the information society

Tuomas Mylly


The European Commission keeps on insisting in its intellectual property strategies that ‘rigorous application of competition rules’ could counterbalance its intellectual property policy based on strong protection and enforcement of intellectual property rights. The statement presumes that competition is needed in addition to strong exclusive rights, that strong intellectual property laws enable and facilitate market power they are ill equipped to handle with, and that existing competition law could fulfil that function adequately. What kind of values competition law could bring in to intellectual property contexts depends on our construction of competition law and its basic societal functions and objectives. What it should bring in also depends on what in our view is lacking in intellectual property law. The present chapter argues that the reference to competition law as a counterweight to strong intellectual property rights functions as a mere legitimation for the Commission’s proprietarian-minded intellectual property strategy. However, this chapter also elaborates whether EU competition law could be re-imagined to integrate freedom of expression-related values in contexts involving intellectual property rights.

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