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AuthorUnited Nations Conference on Trade and Development
TitleCompetition Policy and the Exercise of Intellectual Property Rights Policy
Imprint Geneva, United Nations. 2000
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Descript 27 p


Abstract: Competition policies in major developed countries or regions generally take a favourable attitude to intellectual property rights (IPRs). But intervention may be undertaken where a pragmatic case-by-case analysis indicates IPR-based market power is unreasonably restraining competition in relevant markets. There is concern about cartel-like restraints, exclusionary conduct and monopoly leveraging by dominant firms, practices or mergers which may chill technological innovation (including those relevant to proprietary de facto standards, access to essential facilities and network effects) and the effects of over-broad grants of IPRs. Other countries or regions, despite sometimes touching upon IPR questions in their competition legislation, have limited experience in this area. Taking into account the competition policy issues likely to arise as the TRIPS Agreement is implemented, as well as the growing international nature of innovative activity and global network effects in information industries, there is likely to be greater recourse to the cooperation mechanisms provided by the Agreement. Efforts would therefore be required to build up mutual understanding and trust in this area

International Institute for Trade and Developement : UNCTAD CollectionTD/RBP/CONF.5/6CHECK SHELVES

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