Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Friday, December 30, 2011

Intellectual Property Rights Protection Against Antitrust: Tug of War?

Posted by D. Daniel Sokol

Andrey Shastitko & Alexander Kurdin (Moscow Lomonossov State Univ.) ask Intellectual Property Rights Protection Against Antitrust: Tug of War?

ABSTRACT: 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.

http://lawprofessors.typepad.com/antitrustprof_blog/2011/12/intellectual-property-rights-protection-against-antitrust-tug-of-war.html

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