Intellectual property (IP) encourages the creation of varied information and intellectual goods, enabling consumers to choose between competing suppliers of the same types of goods and services.
IP laws give people and businesses property rights to the information and intellectual goods they create. IP rights therefore create monopoly, which can be seen as contradictory to competition, given competition values free entry and asset mobility, which IP rights limit in order to create incentives.
Due to this dichotomy, competition and intellectual property laws frequently come into conflict. To resolve such uncertainties and conflicts, clients rely on our well-versed Competition, Marketing & Foreign Investment (CMFI) and IP lawyers to help them navigate and identify “the” path that best accomplishes their business objectives. Specifically, our CMFI team has a wealth of experience in advising clients on competition issues that arise from the use and exploitation, including licensing, of IP rights and the various legislations that affect them.
In our experience the industries that usually benefit from our advice are pharmaceutical, biotech, information technology and networking, where intellectual property is significant and competition laws are frequently engaged, particularly where leading participants have substantial market power.
Contact our CMFI Group today to further discuss how we can assist you and ensure your business properly navigates its current/next competition and IP conflict.