Essay: Existence of an IPR impact market power

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Essay: Existence of an IPR impact market power

In the UK the addition of competition rules in intellectual property law has brought forth some complications in competition law.[1] Dabbah states that for competition lawyers the issues of considering the relationship between competition law and IPR’s have them asking one basic question.[2] To what extent does the existence of an IPR impact market power?

Competition rules can control the reliance of a firm on an IPR depending on the type of IPR in question. IPR’s also give rise to issues related to market integration. Thus the article shall look at two important areas of discussion regarding IPR’s.

This includes the two important freedoms under EC law. The first freedom involves the movement of goods and the second is the free movement of services.

As mentioned earlier an intellectual property right is defined by law as a right that has been granted to protect intangible property which includes creative work or an idea. IPR’s also assist in protecting other property such as goodwill and brand names from free riders who might destroy a companies name and even confuse their consumers. An IPR can range from a monopoly to   a more or less permanent exclusive right of use. In both cases its holders are allowed exclusive use and exploitation of the IPR which prevents third parties from infringing upon it. However the owner of a patent has greater rights than the owner of a copyright.

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