چکیده:
Antitrust competition law and intellectual property rights are a special exclusive right for owners of intellectual property. This article examines the methods of interaction between these two seemingly contradictory rights. Methods of interaction between the two include exhaustion, parallel imports, compulsory licenses, and exploitation licenses consistent with competition law.
خلاصه ماشینی:
Most competition policymakers accept limitations and special monopolies regarding intellectual property rights because long-term benefits for the consumer require that a series of short-term restrictions be imposed on the competitive situation of the market.
Regarding the basic principles and regulations governing competition and intellectual property policies, reference can be made to the following: 1- It should not be assumed that intellectual property rights create market power; 2- Competition law must recognize the basic rights under intellectual property law; 3- The positive and negative effects of restrictions on licensing agreements and the absence or existence of these restrictions, and their positive and negative effects on the market, must be considered ( ,www.
Therefore, due to the positive effects of granting licenses and expanding competition in the market and the resulting social and economic benefits, this principle allows the acceptance of such restrictions so that technology transfer is facilitated (2006 visited.
In addition to policymakers and competition authorities, intellectual property rights policymakers can also use the determination of appropriate scope and exclusivity in drafting appropriate laws for interaction between these two policies based on the needs of their society.
A: Monitoring Licensing Agreements and Anti-Competitive Practices It is accepted that the transfer of intellectual property has positive economic effects and the transfer of technology makes the publication of inventions easier, improves the quality of goods, and increases research and development.
Competition law and intellectual property rights are tools for economic and social development of societies, and although they appear contradictory, both share a common goal of consumer welfare and require interaction with each other.
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