2015•Innovation and DevelopmentRequires access

Innovation, intellectual property rights and competition policy

Sumanjeet Singh

Open publisher page 8 citations

Abstract

The intersection of intellectual property rights (IPRs) and competition laws is one of the most complex areas of law and economics. IPRs, which are generally considered necessary to promote innovation, could create monopolies while competition law battles monopolies. How do the two policies interact? Is there a balance or a conflict? In this light, the present paper revisits the relevant economic literature. Further, the paper examines the experiences from several countries in grappling with the problems of reconciling IPRs and competition policies. The paper concludes that the conflict between the two regimes can possibly be restrained if competition agencies are constricted either by judiciary or professional norms, or by means of administrative policy from seeking to fine tune the IPR protection.

About this research paper

What this paper is about

The intersection of intellectual property rights (IPRs) and competition laws is one of the most complex areas of law and economics. IPRs, which are generally considered necessary to promote innovation, could create monopolies while competition law battles monopolies. How do the two policies interact? Is there a balance or a conflict? In this light, the present paper revisits the relevant economic literature. Further, the paper examines the experiences from several countries in grappling with the problems of reconciling IPRs and competition policies. The paper concludes that the conflict between the two regimes can possibly be restrained if competition agencies are constricted either by judiciary or professional norms, or by means of administrative policy from seeking to fine tune the IPR protection.

Why it matters

OpenAlex reports 8 citations for this work. Citation counts describe recorded attention and do not establish research quality.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

The intersection of intellectual property rights (IPRs) and competition laws is one of the most complex areas of law and economics. IPRs, which are generally considered necessary to promote innovation, could create monopolies while competition law battles monopolies. How do the two policies interact? Is there a balance or a conflict? In this light, the present paper revisits the relevant economic literature. Further, the paper examines the experiences from several countries in grappling with the problems of reconciling IPRs and competition policies. The paper concludes that the conflict between the two regimes can possibly be restrained if competition agencies are constricted either by judiciary or professional norms, or by means of administrative policy from seeking to fine tune the IPR protection.

Key concepts: Intellectual property, Competition (biology), Competition law, Balance (ability), Competition policy, Law and economics, Intersection (aeronautics), Economics

Related papers

Back to paper searchBrowse research topicsOriginal source
Innovation, intellectual property rights and competition policy — Research Paper | ScholarLens