Can carmakers refuse to supply the designs of their spare parts to repair service providers? Can a mobile phone producer force its users to only use its own apps? Can a pharmaceutical company stop its distributors to sell its drugs across borders in the EU Internal Market? All of these questions concern the interface between intellectual property (IP) rights and competition law. The goal of this course is to examine the interaction between IP rights and competition law in EU law. While the temporary monopoly rights granted under IP laws might appear to be in tension with the goals of competition law, the course will first explore how IP and competition law respectively have developed approaches and doctrines to ease this tension in most cases. Subsequent sessions will then address concrete case studies where tensions between IP and competition law still arise, such as in the case of standard-essential patents (SEPs). The course will be concluded with a short moot court where students will argue a case from a competition law side and from an IP law side.
Intellectual Property and Competition Law
2 ECTS / 12h / English