Competition, IP rights and Technology Transfer Block Exemption

In order to reward and encourage investment and innovation, intellectual property law grants owners of intangible property exclusive exploitation rights. Intellectual property right (IPR) holders therefore have, in principle, the right to control access to (and charge others for use of) their IPRs as well as pursue enforcement of these rights through the courts where otherwise unauthorised use has occurred.

At the same time, exercising such rights may run up against competition law requirements which, broadly speaking, aim to promote open markets and curtail abuse of market power—and, in the EU context, ensure the integration and integrity of the Single Market by removing impediments to cross border trade.

This sub-topic addresses the interface between IPRs and EU competition law and highlights some of the tensions that may arise.

Competition issues

Technology licensing is generally seen as pro-competitive activity—one that leads to increased efficiencies through strengthened incentives to innovate and increased engagement in research and development initiatives (while reducing duplication in such activities). In addition, technology licensing encourages the diffusion of technology and know-how (ie increasing the number of users and suppliers)