How is intellectual property a competitive advantage?
Intellectual property can serve as a strategic resource for organizations. While some sources of intellectual property such as patents, trademarks, and copyrights can receive special legal protection, trade secrets provide competitive advantages by simply staying hidden from competitors..
What is known as intellectual property law?
Intellectual Property law deals with laws to protect and enforce rights of the creators and owners of inventions, writing, music, designs and other works, known as the "intellectual property." There are several areas of intellectual property including copyright, trademarks, patents, and trade secrets..
Your IP rights are important because they can:
set your business apart from competitors.be sold or licensed, providing an important revenue stream.offer customers something new and different.form an essential part of your marketing or branding.be used as security for loans.
IP rights, which create temporary exclusive rights that protect investments in research and some creative activities, have taken on an increasingly
Does competition law apply to intellectual property (IP)?
Hence, competition law is applicable to the area of intellectual property (IP) and may be invoked by the consumers, any interested/affected third party to ensure that the IP right holders are not abusing their (dominant, if not monopolistic) position.
What are competition law issues?
Competition law issues may arise in any area of IP:
patents
trademarks
and/or copyright. In most cases it is the IP right holders with a strong market power (if not dominance) that have to be particularly cautious about competition law implications of their practices.
What is the relationship between competition law and IPRs?
At the same time, IP rights holders may rely on competition law to protect themselves from unfair competition and encourage more competition and innovation in the market. This chapter provides a general overview of the interplay between competition law and IPRs in such sectors as pharmaceuticals, information technology, luxury brands.
Are patents a violation of competition law?
The most common concern from a competition law perspective is the possible violation of competition law due to the existence of patents/trademarks/copyright, which grant exclusive power that may potentially be abused by the Intellectual Property right (IPR) holders to the detriment of consumer welfare, as well as innovation
Does competition law affect IPRs?
Competition law, thus, while having no impact on the very existence of the IPRs, operates to contain the exercise of the property rights within the proper bounds and limits which are inherent in the exclusivity conferred by the ownership of intellectual assets
What is the relationship between intellectual property and competition law?
Just as the like poles of a magnet repel each other similarly the impetus of Intellectual Property and Competition law creates the apparent antagonism between the two
The intellectual property rights regime furnishes exclusive rights to those who are innovating new product or creating new things by providing monopoly rights to spur innovations
×Competition law and Intellectual Property law are two main areas of law that govern the market and promote consumer welfare and transfer of technology. Intellectual property rights grant exclusive legal rights to the owners, necessarily restricting access of others to the same, which in turn reduces competition in the market. On the other hand, Competition law/anti-trust law seeks to promote competition and increase access to the market. Competition law governs market activities that have an anti-competitive impact and so impede smooth operation of the market, while IP law is established to protect intellectual property under the sole control of right holders.
The American Intellectual Property Law Association (AIPLA), headquartered in Crystal City, Arlington, Virginia, is a U.S., voluntary bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community. AIPLA represents individuals, companies and institutions involved in the practice of patent, trademark, copyright, and unfair competition law, as well as other fields of law affecting intellectual property. Members represent both owners and users of intellectual property.
Competition law and intellectual property
The Companies and Intellectual Property Commission (CIPC) is an agency of the Department of Trade, Industry and Competition in South Africa. The CIPC was established by the Companies Act, 2008 as a juristic person to function as an organ of state within the public administration, but as an institution outside the public service.
German research and education institute
The Munich Intellectual Property Law Center (MIPLC) is a center for both research and education in intellectual property and competition law, founded in 2003 and based in Munich, Germany. The MIPLC is a project of the George Washington University Law School and three German institutions: the Max Planck Institute for Innovation and Competition, the University of Augsburg, and the Technical University of Munich (TUM). It offers the English-language LL.M. program Intellectual Property and Competition Law.
