Skip to main content Accessibility help
×
Hostname: page-component-84b7d79bbc-g5fl4 Total loading time: 0 Render date: 2024-07-26T08:59:06.745Z Has data issue: false hasContentIssue false

2 - The Application of Competition Policy vis-à-vis Intellectual Property Rights: The Evolution of Thought Underlying Policy Change

from Part I - Setting the Scene: Evolution of Key Principles and International Dialogue

Published online by Cambridge University Press:  04 June 2021

Robert D. Anderson
Affiliation:
University of Nottingham
Nuno Pires de Carvalho
Affiliation:
Licks Attorneys, Brazil
Antony Taubman
Affiliation:
World Trade Organization
Get access

Summary

The treatment of intellectual property rights (IPRs) and associated firm practices by leading competition agencies has undergone far-reaching changes in the working lifetimes of many current practitioners, including ourselves. In most jurisdictions, antiquated ‘per se’ approaches to IPR licensing practices previously viewed as irredeemably harmful to competition have long given way to ‘rule of reason’ or case-by-case approaches that require consideration of potential justifications and/or ameliorating circumstances or, at the very least, employ structural screens to avoid unnecessary policy interventions.1 At the same time, important enforcement actions have been taken, in diverse jurisdictions, against a broad range of other practices implicating the role of intellectual property (IP), including mergers deemed likely to undermine incentives for innovation; anti-competitive settlements in patent litigation cases relating to prospective entry by generic suppliers in the pharmaceutical sector; ‘hold-ups’ involving undeclared patents in standard-setting processes; and unilateral abuses of market power derived (at least in part) from IPRs, in high-tech industries.2

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×