Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/81273 
Year of Publication: 
2007
Series/Report no.: 
IFN Working Paper No. 726
Publisher: 
Research Institute of Industrial Economics (IFN), Stockholm
Abstract: 
Intellectual property rights and competition policy are intimately related. In this paper I survey the economic literature analyzing the interaction between intellectual property law and competition law and how the boundary between these two policies is drawn in practice. Recognizing that intellectual property rights and competition law can interact in many different ways, the presentation focuses on several key issues. The economic literature on the interaction between competition law and intellectual property rights shows that these regulatory systems are consistent in terms of basic principles. Significant tensions exist, however, and it is difficult to balance IPR and competition law in practice. The significant differences in approach between the United States and the European Union simply reflect the underlying reality that efforts to achieve a sensible balance do not result in policy harmonization.
Subjects: 
IPR
Competition Policy
Antitrust Policy
Cross-licensing
Refusal to License
Patent Pools
Tying
Patent Litigation
JEL: 
K21
L41
O31
O34
Document Type: 
Working Paper

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