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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 (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: EBOR, (17):405-422.

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 the existing approaches at the intersection of competition law and IP from a comparative perspective, focussing on the situation in the US, the EU and Korea. While differences exist, for example, as regards the abuse of market dominance, considerable convergence can be seen in the competition law treatment of licensing agreements. This development is welcome, because harmonisation in this field is particularly conducive to the international transfer of technology.

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 the existing approaches at the intersection of competition law and IP from a comparative perspective, focussing on the situation in the US, the EU and Korea. While differences exist, for example, as regards the abuse of market dominance, considerable convergence can be seen in the competition law treatment of licensing agreements. This development is welcome, because harmonisation in this field is particularly conducive to the international transfer of technology.

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:02 Faculty of Law > Bereich Dekan: Fachgr. & Lehrstühle > Business Law
Dewey Decimal Classification:340 Law
Scopus Subject Areas:Social Sciences & Humanities > Business and International Management
Social Sciences & Humanities > Political Science and International Relations
Social Sciences & Humanities > Law
Language:English
Date:2016
Deposited On:27 Dec 2016 12:15
Last Modified:16 May 2024 03:33
Publisher:Springer, Heidelberg
ISSN:1741-6205
OA Status:Green
Publisher DOI:https://doi.org/10.1007/s40804-016-0046-y
  • Content: Accepted Version