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Do competition laws have a place in technology licensing?
Philip Mendes
Abstract
The role of competition law intervention into technology licensing continues to provoke intense and passionate debate. The debate usually arises because of conflicting perceptions about the objectives of competition law, and the objectives of intellectual property monopolies. Perceptions are often at opposite poles because competition law seeks to promote competition, and intellectual property laws have as their objective, protection against competition. In this article, Philip Mendes argues that both sides are right, that competition law does have a role to play in licensing, if it achieves the fine balance required to work. The European Union Technology Transfer Block Exemption is considered as a case study for the Asia Pacific.
Keywords
antitrust, competition law, trade practices, licensing, patent monopoly, economic monopoly, innovation, speculative research
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