Handbook

This course considers the crucial interface between competition law and intellectual property and whether they are complementary or in conflict. It looks at the rationale for each and problems which exist in the relationship in a global context. Issues to be discussed will likely include misuse of intellectual property and market power; refusals to license; patent pools, tying arrangements and standard setting organisations; industry specific issues in pharmaceuticals, computer software and hardware; compulsory licensing; collecting societies. Worldwide there is no consensus on how to deal with many of these issues, which have generated intense conflict between the European Union and the United States, and China and many other countries.

Main Topics

• Basics of competition law and economics
• Basics of intellectual property law and economics
• Theory: conflict or complement?
• Misuse of patents to acquire or maintain market power
• Specific arrangement such as patent pools; tying arrangements; standard-setting organisations and issues arising
• Refusals to license by the dominant firm- comparative views
• Industry specific issues: pharmaceuticals; computer software and hardware
• Compulsory licensing (a) as a remedy for other antitrust violations; (b) as a response to social problems (AIDS drugs in Africa)
• Collecting societies

These issues and others are the focus of competition enforcement agencies worldwide. There is no consensus about how to deal with them and they have generated intense conflict between the US and EU. China has yet to refine its approach to dealing with these questions, but as it does it will no doubt become a very important part of the discussion.