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Competition vs Intellectual Property Policy

The Interface Between Competition and Intellectual Property Policy: The Role of Competition Agencies

This paper examines the interface between competition policy and intellectual property policy. It is often said that there is a tension between these policies, as competition policy is generally opposed to monopolies, and intellectual property is deemed to support them.

However, this tension is based on a series of assumptions which we do not believe are accurate. Rather, both policies have the same fundamental goal, which is to ensure the stimulation of innovation. In addition we will examine the role that competition agencies play in this and other areas in the wider economic context.

Competition advocacy is a vital part of the job of all competition agencies, and it is critical in advocating for competition policy as an organizing principle, competition agencies advocate for competition in the true sense of the term. Competition is a widely misunderstood term and is frequently used by organs of government as a justification for particular policies that are very often anticompetitive.

It is critical that competition agencies, expressing a consumer welfare enhancing approach to competition policy, educate other government ministries about the nature of competition.

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Published inDiscoveries