About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid eMadrid Reference Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight

Intellectual Property and Competition Policy

Intellectual property (IP) allows companies to maximize their innovations, differentiate themselves from their competitors, while providing consumers with more choices for goods and services. IP, which is inherently pro-competitive, ensures the protection of differentiated, intangible business assets, while encouraging a dynamic market place.

Without IP, some manufacturers and service providers could try to attract consumers by copying the goods and services of more innovative competitors. The latter may lose potential rewards and any incentive to further innovate. Consumers and society as a whole lose where innovation is curtailed. Competition and IP agencies must therefore work together to ensure a balance and supportive ecosystems.

(Photo: simonkr / E+)

Activities

national activities - ip competition
(Photo: siraanamwong/iStock/Getty images)

National

Organize activities/programs based on themes selected with the Member States to develop or expand the understanding of the interface between IP and competition law and policy, as well as to facilitate dialogue between national governmental agencies response for the respective subject matters.

international activities - ip competition
(Photo: Andrey Popov/iStock/Getty images)

International

Organize programs to enable a dialogue between IP offices and competition authorities within and across regions.

projects - ip competition
(Photo: ViewStock/Getty images)

Projects

Investigating the interplay between IP and competition policy on relevant issues (e.g., the digital environment, pharma, the creative sector, and economic development. Additionally, reviewing the IP aspects of unfair competition and the links to consumer protection.)

International activities

National activities

  • Chile: Meetings with the National IP Office, National Competition Agency, Women Entrepreneur Association for Competition, Master Class for the LLM on IP and Competition, Meeting at Adolfo Ibanez University on IP and Competition in R&D Agreements, Master Class for INAPI on interface between IP and Competition (May 10 to 12, 2023, Santiago, Chile)

Documents

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

External links