Competition law

At first glance, competition law and intellectual property seem difficult to reconcile. The former tends to protect individual interests and is based on the logic of monopoly. The latter, on the other hand, aims to preserve a collective interest and limit the negative effects of monopolies.

However, it has long been accepted that the normal exercise of the prerogatives attached to intellectual property rights does not constitute an anti-competitive practice.

Nevertheless, in certain exceptional cases, the monopoly of the holder of an intellectual property right may be challenged by competition law.

Above all, competition law may, in various respects, limit the contractual freedom of the parties to an agreement concerning the development of an invention or creation protected by an intellectual property right, or the exploitation of such a right.

The aim of this fact sheet is to provide intellectual property rights holders with guidelines for exploiting their rights in compliance with competition law.