EU competition law and IP rights

Introductory materials

In order to reward and encourage investment and innovation, intellectual property law grants owners of intangible property exclusive exploitation rights. Intellectual property right (IPR) holders therefore have, in principle, the right to control access to (and charge others for use of) their IPRs as well as pursue enforcement of these rights through the courts where otherwise unauthorised use has occurred.

At the same time, exercising such rights may run up against competition law requirements which, broadly speaking, aim to promote open markets and curtail abuse of market power—and, in the EU context, ensure the integration and integrity of the Single Market by removing impediments to cross border trade.

Practice Note: EU Competition law and intellectual property considers the extent to which competition law applies to the following questions that have arisen in relation to the ownership and protection of IPRs:

1. •

   What competition law considerations apply to patenting practices such as the decision to seek (or not seek) IPR protection and an IPR owner’s conduct before the regulatory authorities?

2. •

   What competition law rules apply to licensing of IPRs?

3. •

   When