Working Paper Series
Intellectual Property Rights and Competition Policy
Abstract: Intellectual property rights and competition policy are
intimately related. In this paper I survey the economic literature
analyzing the interaction between intellectual property law and competition
law and how the boundary between these two policies is drawn in practice.
Recognizing that intellectual property rights and competition law can
interact in many different ways, the presentation focuses on several key
issues. The economic literature on the interaction between competition law
and intellectual property rights shows that these regulatory systems are
consistent in terms of basic principles. Significant tensions exist,
however, and it is difficult to balance IPR and competition law in
practice. The significant differences in approach between the United States
and the European Union simply reflect the underlying reality that efforts
to achieve a sensible balance do not result in policy harmonization.
Keywords: IPR; Competition Policy; Antitrust Policy; Cross-licensing; Refusal to License; Patent Pools; Tying; Patent Litigation; (follow links to similar papers)
JEL-Codes: K21; L41; O31; O34; (follow links to similar papers)
50 pages, January 2, 2008
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