The EU Competition Law Framework for Intellectual Property

The EU competition law framework for intellectual property (IP) aims to balance the protection of IP rights with the need to maintain competition in the marketplace. EU competition law applies to the licensing, transfer, and enforcement of IP rights, and can be used to address anti-competitive conduct related to IP, such as abuse of a dominant market position or cartel activities. One of the key principles of EU competition law in relation to IP is that IP rights do not provide a defense against anti-competitive conduct. This means that even if a company has valid IP rights, it can still be found to have engaged in anti-competitive conduct if its actions harm competition. The EU competition law framework for IP also includes specific rules for the licensing of technology and standard-essential patents (SEPs). For example, the EU has issued guidelines on the appropriate use of injunctions for SEPs, which set out the circumstances under which a court may grant an injunction against an infringer of a SEP. The EU also has the power to investigate and take action against abuse of IP rights. For example, it can investigate cases where a company with a dominant market position is using its IP rights to exclude competitors or to charge excessive royalties. It can also investigate cases of collusion among companies with regard to IP rights. It's important to note that EU competition law is not intended to undermine the protection of IP rights, but to ensure that these rights are not used in ways that harm competition and consumers.