Restrictions of competition in licensing agreements: The world-wide convergence of competition laws and policies in the field of intellectual property

Heinemann, Andreas; Choi, Yo Sop

doi:10.1007/s40804-016-0046-y

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Heinemann, A., & Choi, Y. S. (2016). Restrictions of competition in licensing agreements: The world-wide convergence of competition laws and policies in the field of intellectual property. European Business Organization Law Review, 17, 405–422. https://doi.org/10.1007/s40804-016-0046-y

Abstract

Competition law aims at promoting the competitive process by preventing anti-competitive practices, while IP law provides exclusive rights to authors and inventors. Although tensions between the two fields of law exist, they share the common goal of improving incentives for innovation. It is a difficult task for competition policymakers to determine the relationship between competition and exclusivity. In practice, the most important challenge concerns restrictions on competition in licensing agreements. This article aims to examine t