Intellectual property and competition law: Understanding the interplay

Abstract

This chapter focuses on the interface between Intellectual Property Rights (IPR) and competition law. Exercising rights by the IPR holder in certain circumstances may attract the provisions of competition law especially when it has an adverse effect on consumer welfare or amounts to abuse of dominant position. IPR holders may also seek to protect themselves against unfair competition by exercising their rights and statutory remedies. This chapter provides a general overview of the interface between IPR and competition law with specific reference to sectors like the pharmaceuticals, information technology, luxury brands by providing an analysis of the potentially problematic agreements and practices from the point of view of the competition rules.