Intellectual Property Market Power and the Public Interest Kartoniert (TB)

The main objective of the contributions to this book is to bring together two seemingly different strands of thought: the competition-law analysis of the exercise of intellectual property and the discussion about the proper limits of protection which at present takes place inside the intellectual property community. Both are burdened with their own problems particularly so in Europe where market integration and the divide between exclusionary and exploitative abuses ask for a more dimensional approach and where the shaping of intellectual property protection is under not only the influenc e of many interests and policies but a multi-level exercise of the Community and its member states. The question is whether nevertheless there is a common concern or whether the frequently asserted convergence of the operation and of the goals of competition law and intellectual property law does not mask a fundamental difference - namely that of on the one hand protecting freedom of competition against welfare-reducing restrictions of competition only and on the other limiting the protection of exclusive rights in the (public) interest of maintaining free access to general knowledge. The purpose of the workshop held in 2007 at the College of Europe Bruges and whose results are published here was to ask which role market power plays in either context which role it may legitimately play and which role it ought not to play. A tentative answer might be found in the general principle that just as intellectual property does not enjoy a particular status under competition law so competition law may not come as a white knight to rescue intellectual property protection from itself. However the meaning of that principle differs according to both the context of the acquisition and the exploitation of intellectual property and it differs from one area of intellectual property to the other. Therefore an attempt has also been made to cover more facets of the prism-like complex of problems than is generally done.