Reconsidering the limits of EU competition law on the IP-Competition Interface

Schafer, Quentin (2024) Reconsidering the limits of EU competition law on the IP-Competition Interface. Journal of European Competition Law & Practice. (https://doi.org/10.1093/jeclap/lpae021)

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Abstract

- The number of intellectual property rights in the modern economy has given rise to intellectual property law, which overprotects inventions and creations to the detriment of those who seek licences, particularly for follow-on innovation. - EU competition law has expanded considerably over the last decades to become the default device for the resolution of the overprotection problem, while the TRIPS agreement has marginalised compulsory licences outside intellectual property law. - Due to its institutional framework, EU competition law is not well suited towards this broader role but is indispensable to provide access to confidential information, including know-how. - Other overprotection concerns are better addressed by exercising the courts’ discretion to deny injunctive relief or making changes to the substantive rules of intellectual property law.

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