The Limitation of Intellectual Property in the Name of Competition

Intellectual property (“IP”) is often credited with providing an incentive for inventors to develop their creativity. Through IP protection, inventors can recoup their investment and make a profit. That idea, which has inspired legislators worldwide, is currently challenged in the European case law on competition. In the last twenty years, five cases have limited, in the name of competition, the possibility for firms to use IP rights acquired in conformity with applicable laws. These cases are examined in this article. I analyze the scope of the emerging jurisprudence and investigate the arguments articulated, in support of their position, by the European instances involved

Consumer Choice Is Where We Are All Going - so Let\u27s Go Together

Globalisation of business makes it important for firms to predict how their behaviour is likely to be treated in the roughly 200 nations that have competition laws. In that context, a crucial question is: are we in a position to develop a common intellectual framework that would give coherence to policy statements made on specific competition related issues and, at the same time, be acceptable, broadly, in a variety of legal systems, not necessarily based on identical assumptions? We believe that the answer is “yes.” A concept is emerging as a possible source of unification for competition policies around the globe: the concept of “consumer choice.

Consumer Choice Is Where We Are All Going - so Let\u27s Go Together

Globalisation of business makes it important for firms to predict how their behaviour is likely to be treated in the roughly 200 nations that have competition laws. In that context, a crucial question is: are we in a position to develop a common intellectual framework that would give coherence to policy statements made on specific competition related issues and, at the same time, be acceptable, broadly, in a variety of legal systems, not necessarily based on identical assumptions? We believe that the answer is “yes.” A concept is emerging as a possible source of unification for competition policies around the globe: the concept of “consumer choice.

UNIÃO EUROPÉIA: A PROTEÇÃO DOS CONSUMIDORES NAS COMUNICAÇÕES ELETRÔNICAS

As comunicações eletrônicas têm sido liberalizadas na União Europeia. O objetivo da reforma era para melhorar a situação dos consumidores. De um ponto de vista jurídico, os consumidores estão suficientemente protegidos – essa proteção torna possível para eles colher os frutos da liberalização