MA in Art Law and Arts Management > Competition Law and intellectual property rights. Technology and intellectual property
Τeaching hours and credit allocation: 14 hours, 6 credits
This module aims at providing a thorough understanding of the relationship between competition and intellectual property rights. More specifically, the purpose of this module is to consider the impact of competition law on the exercise of intellectual property rights. The exercise of intellectual property rights could result quite often in anti-competitive behaviors (entry barriers). Protection of intellectual property rights could lead to a monopoly encroaching competition. Moreover, agreements between owners of intellectual property rights could distort competition. Competition law and the exploitation of exclusive rights very often clash. Hence, the role of competition law is very important in order to avoid this kind of behaviors which are harming competition. This module seeks to provide an analysis of situations where the European Commission and the Court of Justice of the EU could intervene to regulate the exercise of intellectual property rights within the context of the internal market. Students will have the opportunity to examine various domestic and EU cases. For example, the ongoing litigation between the European Commission and Microsoft presents a great interest for all ip and competition lawyers. Additionally, reference will be made to the international aspects of the relationship between competition and intellectual property rights. It is obvious that the significance of competition law for the exercise of intellectual property rights concerns not only ip lawyers but competition lawyers, as well.
On completing the course the participants will:
- Analyze the coexistence of intellectual property rights and competition law and its practical significance
- Understand the central position of intellectual property rights in the economy
- Criticize the expansion of legal protection conferred on intellectual property
- Understand that intellectual property rights are justified on grounds of innovation.
- Critically evaluate the conditions in which competition law could be applied to alleviate the exercise of intellectual property rights
- Critically evaluate the conditions when the enforcement of intellectual property could breach competition rules
- Focus on domestic and EU competition rules as there is no rigid international framework.
- Understand that TRIPS asks, on a voluntary basis, for domestic competition rules within certain limits.
- Understand the links among innovation policy, competition policy and intellectual property.
- Understand how the justifications for the existence of intellectual property rights are connected with the relationship between competition law and the exercise of intellectual property rights.
- Critically evaluate the role of competition agencies with regard to intellectual property rights
- Identify which clauses in intellectual property agreements are permissible
- Identify which behaviors of right holders constitute abuses of dominant position
- Apply EU competition law to all types of intellectual property
- Focus on specific issues such as technology transfer and pools, research and development, and franchising and merchandising.
- Analyze how case law has set limits in various areas on the extent to which intellectual property can be enforced
- Introduction to competition law-competition policy.
- Competition law and intellectual property.
- Agreements between undertakings and intellectual property (Article 81 EC/101 TFEU)
- Licensing agreements and article 81 EC/101 TFEU-case law of the Court of Justice of the EU
- Block exemption regulations, technology transfer block exemption regulation
- Abuse of a dominant position and intellectual property (Article 82 EC/102 TFEU) -case law of the Court of Justice of the EU
- Refusal to supply and abuse of a dominant position
- The proper boundaries between intellectual property rights and the application of article 82 EC/102 TFEU.
- Case studies: cases before domestic courts and before the Court of Justice of the EU
- European Commission v Microsoft