The Cooperation and Conflict between the IPR and Competition Law-Focusing on the Regulations Concerning the Exertion of Patent Right
Date Issued
2016
Date
2016
Author(s)
Han, Chia-Ying
Abstract
There is an inherent conflict between the intellectual property system and the competition laws; the “exclusivity” endowed by the intellectual property laws may be at odds with one of the aims of the competition law. However, the two bodies of law share the same objectives－to promote consumer welfare and to allocate the resources more efficiently. Thus, how to draw the line between these two bodies of law has long been the issue of much concern. Currently, the conflict between the intellectual property system and the competition laws become more obvious, because intellectual properties are more commercially exploited by their owners during the past few decades. As a result, the issue mentioned above is still an inevitable one, much worth of our concern. This essay focuses on the patent right among the intellectual properties, and deals with the issue from “the licensing of patent rights” and the one quite opposite to it－“the refusal to license”. After the comparative study in 3 jurisdictions－Taiwanese, the U.S., and the European Union legal systems, this essay concludes that the “line” should be drawn by the competition system, and in this way, much benefits can be reached, including the requirement of accuracy and the promotion of public welfare.
Subjects
Intellectual Property
Competition Laws
Licensing of Intellectual Property
Refusal to license
Public welfare
Type
thesis
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