Comparative study on Intellectual Property and Competition Law Its Divergence and Convergence
KLE Society’s Law College, India
Volume III, Issue IV, 2020
The increasing interaction between property (IP) and competition is an issue with great relevance today. If we consider them with our traditional ideology, then IP and competition laws may seem to follow divergent objectives since one grant temporary monopoly and the other seeks to protect the market from monopolistic behaviors. However, a modern and deeper observation leads to the finding that they share a common aim, which in many instances makes them interact in a complementary manner to each other. Both reasonable IP protection and effective antitrust enforcement are a part of the worldwide innovation system. The similarities and tensions between IP and competition are constantly present within the application of those bodies of law. Therefore, to adequately face the new challenges that this phenomenon has brought to the trade system, each jurisdiction should analyze and considers the interaction that IP and competition may have on different grounds.
This paper touches on some initiatives that seek to deal with these interactions in broad terms, proposing different paths to be followed to form IP and competition enhance each other’s virtues and work together towards the development of social welfare. Further, it cites some samples of tensions which will arise when IP interacts with competition law and the way they could be resolved in several ways consistent with the particularities of each jurisdiction. There is a group of practices which will be recommended for promoting the approach in each country within the future, supporting different observed practices. The first course of action is to reinforce the relation between competition and IP agencies. This may be done at different levels—from bringing IP and competition promotion functions into one office, to promoting an off-the-cuff more fluent relation among offices.