Focus on Antitrust

On The ‘Intersection’ Ip/Competition


Abstract


After highlighting commonly neglected profiles of the intersection (namely, the pro-competitive features ‘built-in’ in the regime of IPRs, and the ‘division of labour’ between said regime and the rules on unfair competition, the paper focuses on the influence of antitrust law on the exploitation of IPRs, in particular patents and copyrights. This influence is reconstrued in a historical and systemic perspective, at whose core is the need that exercise (and entitlement) of such rights may not result in foreclosures of competition. In this perspective, the main issue discussed is that of the duty to grant access to protected innovation of paramount importance (essential facilities, even as SEPs) to competitors willing to pay a compensation on ‘fair’ terms. How ‘Fair’?


Keywords


Intellectual Property Rights; Unfair Competition; Antitrust; Essential Facilities; SEPs; Duty to License; FRAND Royalties

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DOI: http://dx.doi.org/10.12870/iar-12889

References






Antitrust & Public Policies
ISSN: 2284-3272

Iscrizione al Tribunale di Roma n. 300, del 12 dicembre 2013, modificata con registrazione n. Reg. Certificati 216 bis/2019

Last issue published on December 30, 2019