The use of IPR Strategies in Competition Law Conflicts, a Practial Approach

Abstract

Intellectual assets and their protection have become increasingly important for the businesses of companies. At the same time the competition law is there to maintain a sufficient balance, in order for big companies not to abuse the competitive advantage of IPR or marketing law. This thesis makes an examination of how this balance is maintained in practice.

The contribution of the thesis is an investigation of the different legal and commercial tools, which are used on the business arena by established actors and retailers, in relation to distribution agreements. An established actor has had a business relationship with a retailer for several years and has suddenly received new competition from a new actor. The legal, practical and commercial considerations of the established actor and the retailer will be examined in context of competition law, IPR regulations, marketing law and contract law.

Furthermore there is a mix of different tools on the business arena where a competition law problem might be solved through IPR, marketing law or contract law. Another issue is hence whether it is a satisfaction or a disappointment that other tools on the business arena solve an original problem of competition law. However the important task for the lawyer is to give the most cost efficient and successful tools to their client. Therefore the solution of the problem through other legal tools than competition law is not a problem on the business arena, as long as the balance between competition law and IP is kept. However, this is obviously difficult to ensure since the actors themselves make the solutions on the business arena.