Tuesday, March 31, 2020
Technology Promotion in WTO Law: The Discrepancy between Trade, IP Protection, and Competition Law? – The Case with EU’s Antidumping Policies
Henrik Andersen, Copenhagen Business School - CBS Law has written on Technology Promotion in WTO Law: The Discrepancy between Trade, IP Protection, and Competition Law? – The Case with EU’s Antidumping Policies.
ABSTRACT: World Trade Organization law has only little to offer in the discussion on finding a right balance and design of and between IP and competition law. However, the WTO provides a trade dimension that should not be ignored in that discussion. The paper discusses antidumping law and its relation to IP and competition law, and it demonstrates that the trade dimension has close links to both IP and competition and should be taken into account in the discussion of finding a proper design for regulating the market of new technologies. More specifically, the paper focuses on 1) the WTO law affecting IP and competition in a trading context, and it 2) uses EU’s antidumping policies towards China as example. That includes discussions about the newest EU distorted economy approach in antidumping cases, which have implications for producers of technology.