Competition Law and Intellectual Property Rights – Outline of an Economics-based Approach

2013 ◽  
Author(s):  
Olav Kolstad
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Competition Law

Competition Law and Intellectual Property Rights: Is the Property Rights’ Approach Right?

2006 ◽  
Vol 8 ◽  
pp. 153-186 ◽  
Author(s):  
Ioannis Lianos
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Economic Welfare ◽  
Contentious Issue ◽  
Ec Competition Law ◽  
Exclusive Right

The intersection between competition law and intellectual property has been a contentious issue since the very beginnings of European Communities (EC) competition law. Both intellectual property and competition law pursue the aim of enhancing economic welfare and innovation, but their direct objectives seem to be in conflict. Whereas intellectual property focuses on the reward of inventive effort and the inventor’s incentives to innovate by conferring an exclusive right on the use of the invention, competition law emphasises the dissemination of innovation by ensuring diffusion and access.

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