General IP

The General IP (EU Law) subtopic provides an overview of the link between intellectual property (IP) and EU competition law and the questions of jurisdiction.

IP and competition law

In order to reward and encourage investment and innovation, intellectual property law grants owners of intangible property exclusive exploitation rights. IPRs 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.

See Practice Note: EU Competition law and intellectual property for guidance on controversial issues which can arise where competition law is applied to business activities relating to IPRs. This Practice Note charts some of the emerging themes in relation to the interaction between competition law and IPRs. It also outlines potential competition

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