Competition Law and IP
Full course description
This module deals with the two facets of innovation law - competition law and intellectual property law. Apparently different on the surface, the two are finely inter-woven by the golden thread on innovation. Whereas, intellectual property law offers an impetus to innovation and creativity, competition law ensures that markets remain innovative and contestable, in other words, competitive.
The learning objectives of this module are three-fold:
- First, understanding the intricate relationship between IP and competition law. This aspect centers on the innovation debate.
- Second, evaluation of competition law tools to remedy anti-competitive effects in IP-driven markets. This aspect focusses on IP licensing, essential facilities doctrine and agreements.
- Third, effective written and oral communication of the study to IP and competition law scholars.
Teaching methods: Lectures, tutorials, and assignments
Assessment method: Assignment: Assignment comprises of a written take-home assignment, that shall be accompanied by presentation. Presentations can be in groups of two. Both the written component as well as the presentation carry equally weightage.
Course objectives
At the end of this course, the student is familiar with the interface between competition and intellectual property law; the role of the competition authorities including the European Commission and the US Department of Justice and the Federal Trade Commission; FRANDly licensing issues and the essential facilities doctrine.