Intellectual Property Rights Protection Versus Antitrust: Tug of War?

Alexander Kurdin, Andrey Shastitko, Dec 13, 2011

In this paper we consider the relationship between antitrust policy and intellectual property protection under the condition of poorly enforced intellectual property rights protection (despite their presumably strong protection on paper).

This problem is a particular case of a more difficult and larger problem: interrelations between competition and competition policy, on the one side, and property rights protection (including contract enforcement), on the other side. Here we concentrate on the “defensive” part of antitrust policy, which is aimed at the protection of competition by means of mergers and acquisitions control, prohibition of market dominance abuse, and anticompetitive agreements, which may be in conflict with intellectual property protection. Specific features of intellectual property objects seek for specific approaches to antitrust policies.

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