Tuesday, March 24, 2020
At first glance, there may appear to be an inherent conflict between competition law and intellectual property (IP) law. Closer inspection may suggest that the two areas of law seek to achieve similar policy aims in subtly different ways:
In practice, there have been major disagreements about how the relationship between competition law and IP law should be balanced, including when the implementation of important technical standards requires the use of technology to which IP rights apply.
This article first summarises the impact of competition law in this field to date, before exploring whether competition law may have a role to play in resolving some current controversies relating to IP licensing.