Research on Intellectual Property and Competition Policy

Completed Studies and Surveys

Study on the Anti-Competitive Enforcement of Intellectual Property (IP) Rights: Sham Litigation (April, 2012)
Survey on Compulsory Licenses Granted by WIPO Member States to Address Anti-Competitive Uses of IP Rights (October 4, 2011)
Survey on Measures to Address the Interface between Antitrust and Franchising Agreements (June 23, 2011)
Analysis of the Economic/Legal Literature on the Effects of IP Rights as a Barrier to Entry (January 16, 2012)
Interaction of Agencies Dealing with IP and Competition Law: Summary of Replies of Member States (June 16, 2011)
Studies on the Interface between Exhaustion of IP Rights and Competition Law (April 17, 2012)
Intellectual Property and Competition as Complementary Policies: A Test Using an Ordered Probit Model (2007)

Refusals to license - An analysis of whether it is possible to clearly draw a line that identifies when the patentee’s core right to say ‘no’ (including to refuse to license) ends and the notion of abuse starts (expected in late 2012).
Patent Pools - A review of the main economic and legal aspects concerning patent pooling and their assessment under competition law in different jurisdictions (expected in 2012).
Patents and competition in a specific business sector - A follow-up to the survey prepared under the thematic project on IP and Competition Policy. Its purpose is to obtain empirical data on how a number of major players in a given business sector, which own large patent portfolios, acquire patents and enforce their rights. Entry (potential and actual) by new comers will be assessed (expected in 2013).
Copyrights, Competition and Developing Economies - An overview of copyright regimes in selected countries and their impact on the competitive environment. It will include a summary of the main copyright-related antitrust decisions and underline the main aspects relevant for developing economies (expected in 2013).