• 沪新增医疗服务最高价标准 水中分娩限2500元次 2019-05-22
  • 一个理想的数列递减,看着就想笑,根本放不出什么屁来 2019-05-06
  • 打造共同发展繁荣的强劲引擎 2019-04-22
  • 鞋垫3个月没洗太熏人,只需用它一泡,鞋垫立马洁净如新,快试试 2019-04-17
  • 中俄最大核能合作签署框架合同 总价36亿美元} 2019-04-17
  • 以古鉴今,习近平多次提及屈原 2019-04-01
  • 告别“与人为敌”的城市设计,需要更多李迪华 2019-04-01
  • 加强党对反腐败工作的集中统一领导 2019-03-25
  • 幼童坠入60米深窄井 消防官兵“倒挂金钩”营救 2019-03-04
  • 斩首行动成功!美军空袭炸死重要人物,曾经悬赏500万美元缉拿 2019-03-04
  • 浙江舟山定海区一国企非党管理人员涉嫌受贿被查 2019-02-26
  • 国际贸易秩序相关新闻 2019-02-26
  • 中国文化和旅游部严查严管营业性演出市场 2019-02-24
  • 美商界高关税是对努力工作的美国人征税! 2019-02-22
  • 新简明中共党史辞典(1921 2018-12-13
  • 宁夏11选五开奖结果:IP and Competition Policy

    Intellectual property (IP) allows consumers to make choices between competing entrepreneurs, and the goods and services they sell. Therefore, IP is inherently pro-competitive as it ensures the protection of differentiated, intangible business assets.

    Without IP, less efficient manufacturers and service providers would try to lure clients by copying the goods and services of more efficient competitors. The latter would lose any incentive to improve or to offer new products and services. Society as a whole would lose. But IP only performs that crucial role of ensuring competition when it protects genuine differences.

    (Photo: iStockphoto.com/petesaloutos)

    The interface between IP and competition policy can arise from the following sets of issues:

    Too much IP: When IP is unduly extended so as to grant exclusivity over non-differentiating features (such as patents for technical features that do not qualify as inventions and trademarks for common, non-distinctive words) it is anti-competitive.

    Too little IP: When efficient enforcement means are not available or when genuinely differentiating features cannot be protected, imitation follows.

    IP in the right dosage: It is inherently pro-competitive but sometimes IP in the right dosage (neither too much nor too little), can generate an embarrassment to consumer’s right of free choice. This happens when IP rights are abused, or used in a way contrary to the objectives of the Law. It may also happen that IP in the right dosage can be associated with certain circumstances that make it difficult, impossible or inconvenient for competitors to seek alternative ways of attracting consumers. This is the case, for example, when patented technologies become industrial standards, or when the obtaining of test data implies the risk to the health and well-being of humans and animals. In the first case, it is impossible for competitors to create alternative, different technologies. In the second case, duplicating tests to obtain the same data causes unnecessary and socially unjustified harm.

    Research

    Studies and surveys

    • Survey on IP, Joint R&D and Competition (June 2015) PDF, WIPO Survey on IP, Joint R&D and Competition (June 2015)
    • WIPO Survey on the Antitrust Dimension of IP Licensing Agreements in Support of Technology Transfer (March 2015) PDF, WIPO Survey on the Antitrust Dimension of IP Licensing Agreements in Support of Technology Transfer (March 2015)
    • Patents and Small Participants in the Smartphone Industry (January 2015) PDF, Patents and Small Participants in the Smartphone Industry (January 2015)
    • An Overview of Cade's Recent Jurisprudence regarding IP (December 2014) PDF, An Overview of Cade's Recent Jurisprudence regarding Intellectual Property (December 2014)
    • Study on Patent Pools and Antitrust - A Comparative Analysis (March 2014) PDF, Study on Patent Pools and Antitrust - A Comparative Analysis (March 2014)
    • Study on Copyright, Competition and Development (December 2013) PDF, Survey on Technology Transfer Agreements and Antitrust
    • Survey on Technology Transfer Agreements and Antitrust (December 2013) PDF, Survey on Technology Transfer Agreements and Antitrust
    • Study on refusals to license IP Rights (August 2013) PDF, Study on IP license rights rejections
    • Study on the impact of the acquisition and use of patents on the smartphone industry (publicly released by WIPO in June 2013) PDF, Study on the impact of patent usage and purchase on the smartphone industry
    • Study on the Anti-Competitive Enforcement of IP Rights: Sham Litigation (April, 2012) PDF, Study on anti-Competitive enforcement of intellectual property (IP) rights: sham litigation
    • Survey on Compulsory Licenses Granted by WIPO Member States to Address Anti-Competitive Uses of IP Rights (October 2011) PDF, Survey on compulsory licenses issued by WIPO member states to address anti-competitive usage of intellectual property rights
    • Survey on Measures to Address the Interface between Antitrust and Franchising Agreements (June 2011) PDF, Survey on measures to address the interface between antitrust and franchising agreements
    • Analysis of the Economic/Legal Literature on the Effects of IP Rights as a Barrier to Entry (January 2012) PDF, Analysis of the economic and legal scientific literature on the results of intellectual property rights as a barriers to entry
    • Interaction of Agencies Dealing with IP and Competition Law: Summary of Replies of Member States (June 2011) PDF, Interaction of bodies dealing with intellectual property and competition law
    • Studies on the Interface between Exhaustion of IP Rights and Competition Law (April 2012) PDF, Studies on the Interface between Exhaustion of IP Rights and Competition Law
    • IP and Competition as Complementary Policies: A Test Using an Ordered Probit Model (2007) PDF, IP and competition as complementary policies

    Events

    National seminars

    Organized to deepen the understanding of the interface between IP and competition law and facilitate the dialogue among national governmental agencies.

    International roundtables

    To enable a dialogue between national IP offices and competition authorities of the same region or the same group of countries.

    Cooperation

    National competition and IP authorities in Brazil and Chile have recently signed Memoranda of Understanding (MOUs) concerning technical cooperation and information sharing.

    The discussions leading up to the signing of such MOUs are important to ensure that both authorities understand the interaction between IP and competition law and the risks associated with too much or too little IP. For example, in many countries, IP standards are established by parliaments, but IP authorities invariably keep a broad authority of discretion in assessing registrability. Also, in enforcing antitrust law, national competition agencies are frequently confronted with IP-related issues.

    The scope of the technical cooperation outlined in MOUs between these authorities may cover:

    • Exchange of technical information and knowledge between the respective technical bodies;
    • Consultancy services - for the definition of procedural routines, guidelines and standards in the joint treatment of mergers or anti-competitive practices which involve intellectual property;
    • Studies - on the relationship and interface between intellectual property and antitrust;
    • Training - of human resources from both entities on IP and competition policy issues deemed relevant;
    • Promotion and information dissemination– of the standards and principles of IP and free competition, or publicizing the respective functions of both authorities among consumers and users of their services
    • Draft proposed regulations - on the basis of analyses and studies, which lead, within the scope of the Agreement, to integrated measures for case resolution.

    WIPO can assist IP offices from member states in developing such agreements.

    For more information, contact us.

    External links

  • 沪新增医疗服务最高价标准 水中分娩限2500元次 2019-05-22
  • 一个理想的数列递减,看着就想笑,根本放不出什么屁来 2019-05-06
  • 打造共同发展繁荣的强劲引擎 2019-04-22
  • 鞋垫3个月没洗太熏人,只需用它一泡,鞋垫立马洁净如新,快试试 2019-04-17
  • 中俄最大核能合作签署框架合同 总价36亿美元} 2019-04-17
  • 以古鉴今,习近平多次提及屈原 2019-04-01
  • 告别“与人为敌”的城市设计,需要更多李迪华 2019-04-01
  • 加强党对反腐败工作的集中统一领导 2019-03-25
  • 幼童坠入60米深窄井 消防官兵“倒挂金钩”营救 2019-03-04
  • 斩首行动成功!美军空袭炸死重要人物,曾经悬赏500万美元缉拿 2019-03-04
  • 浙江舟山定海区一国企非党管理人员涉嫌受贿被查 2019-02-26
  • 国际贸易秩序相关新闻 2019-02-26
  • 中国文化和旅游部严查严管营业性演出市场 2019-02-24
  • 美商界高关税是对努力工作的美国人征税! 2019-02-22
  • 新简明中共党史辞典(1921 2018-12-13
  • 北京赛车追长龙打法 天津时时彩全国开奖 福建时时彩技巧精准群 楚天风采22选5开奖结果 天津时时彩走势图 彩巴巴彩票官网 老时时彩360冷热 排列五走势图最近500 双色球开奖结果今天 新加坡快乐8官网 幸运赛车开奖 四川金7乐电脑走势 山东群英会开奖查询 新疆时时彩三星96期开奖结果 体彩排列5走势图 竞彩nba让分胜负