The interface between competition policy and intellectual property in the context of the international trading system

Intellectual Property and the Markets of Ideas

“…This is a key point for the economic analysis, and must be properly understood. In effect, there is a widely held belief that the legal monopoly conferred by exclusive rights does not necessarily confer market power on the owner, or translate into an economic monopoly (see Anderson, 1998). Now, this is an acceptable assertion in general terms, but subject to misinterpretation 30 .…”

“…The first precedent-setting case was probably US vs. United Shoe Machinery 34 in the United States, where both the antitrust authority and academics determined that an accumulation of intellectual property rights, albeit in respect of the law, could be used to restrict competition (Anderson, 1998) 35 . Since then, similar cases have been described in the economic and legal literature, without however leading to a definitive and comprehensive theoretical paradigm.…”

Intellectual Property and the Markets of Ideas

“…This is a key point for the economic analysis, and must be properly understood. In effect, there is a widely held belief that the legal monopoly conferred by exclusive rights does not necessarily confer market power on the owner, or translate into an economic monopoly (see Anderson, 1998). Now, this is an acceptable assertion in general terms, but subject to misinterpretation 26 .…”

Divergent Incentives to Protect Intellectual Property

“…That is, strong IPRS in the South raise the price of the South's imports &om the Noah (relative to exports to the North); and strong IPRS in the South lead to a temporary increase in the rate of innovation that is insufficient to compensate the South for its eventual decline. For current policy discussion of the trade-offbetween the static and dynamic views, see Anderson (1998).…”