Nature of the Relationship between Intellectual Property and Competition Law - Essay Example

Article 101 and 102 were regulated as a means of achieving this goal.5 Eventually, the main aim of monitoring competition between undertakings is to protect consumer welfare by striving economic activities. IPRs seem to create conflict with the free movement of goods and services based on the provisions of Articles 34 and 36 TFEU6. This essay will critically evaluate the relationship between IP law and Competition Law by focusing on EU perspectives. It will review Article 101 and 102 TFEU on IPRs after indicating detailed information about the tension between the two disciplines as well as their objectives and policies7.

Indeed, since intellectual property rights entitle their owners to exclusive rights on the one hand, while competition law aims to preserve markets open on the other, an inherent tension between the two areas of law is a challenge to their implantation8. Among the main aims of the EU is to set a system of competition law. That informs the reason for creating Article 101 and 102, the Merger Regulation, and State Aid rules. It also explains the justification to pursue a central role in the Treaty as the means for the maintenance of effective competition within the European Union.

9Besides, The Court of Justice has routinely reaffirmed that the implementation of IPRs, in principle, must correspond to the rules of competition (Article 101 and 102), as well as the rules of free movement of goods referred to in Article 34-3710. IPRs are protected under the national laws of individual EU countries. Thus, the existence of different national laws on intellectual property produces some difficulties in the EU because of its integration of the single market integration.11 Regarding the aim of free movement of goods throughout the EU, Article 34 (TFEU) outlines restrictions on imports.

”12 Article 36 states, “the protection of industrial and commercial property13” can justify a prohibition on imports or exports between the Member States, as long as they are not a means of arbitrary discrimination or a disguised restriction on trade.