National symposium on Competition law: Evolution and Transition, 2012 Competition Policy for IP Issues Pradeep S Mehta Secretary General, CUTS International.

Slides:



Advertisements
Similar presentations
SOS Interop II Sophia Antipolis, September 20 and 21, 2005 IPRs and standards: some issues Richard Owens Director, Copyright E-Commerce Division Philippe.
Advertisements

Negotiating Technology License Agreements Tamara Nanayakkara.
GAMBIA COMPETITION COMMISSION GAMBIA COMPETITION COMMISSION Levelling the Field for Development BY : EXECUTIVE SECRETARY 5 TH JUNE 2013.
Munich Intellectual Property Law Center (MIPLC) Intellectual Property and Clean Technology in the context of the European Legal Framework Marisa Aranda.
POLICY IMPLICATIONS OF NEW TRENDS IN TECHNOLOGY TRANSFER John H. Barton
2 nd WIPO Inter-Regional Meeting on South- South Cooperation on Patents, Trademarks, Geographical Indications, Industrial Designs and Enforcement Cairo.
TRANSFER OF TECHNOLOGY BLOCK EXEMPTION REGULATION NO. 240/96 AND ITS PROPOSAL TO REFORM 24 June 2003 Valeria Falce Gianni, Origoni, Grippo.
COMPETITION POLICY AND ECONOMIC DEVELOPMENT PRESENTATION AT CUTS-ARC CAPACITY BUILDING WORKSHOP, LUSAKA 7 TH MARCH, 2011 BY SAJEEV NAIR, COMPETITION POLICY.
Topic 8: IP Rights Infringement and Enforcement: Accounting for Socio-Economic, Technical Development Variables, including in the context of Recommendation.
IP rights and competition law: Friends or foes? Etienne Wéry Attorney at the bars of Paris and Brussels Lecturer at Robert Schuman University (Strasbourg)
WIPO/AEPPI International Symposium on Intellectual Property: Challenges for Developing Countries in a Global Economy Balancing Incentive with Access: Integrating.
CUTS INTERNATIONAL Assessing Policy based Competition Impediments in Pharmaceutical and Agriculture Product Marketing Sector in India 1 Swati Thapar, Research.
1 Trade Facilitation A narrow sense –A reduction/streamlining of the logistics of moving goods through ports or the documentation requirements at a customs.
Copyright © 2011 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin Chapter 8 Business-Government Relations.
PRESENTED BY ELIZABETH TAMALE ASSISTANT COMMISSIONER MINISTRY OF TRADE, INDUSTRY AND COOPERATIVES AID FOR TRADE, INTELLECTUAL PROPERTY AND DEVELOPMENT-
1 Licensing Agreements and the Protection of Intellectual Property Chapter 17 © 2005 Thomson/West Legal Studies In Business.
1 Is there a conflict between competition law and intellectual property rights? Edward Whitehorn Head, Competition Affairs Branch Carrie Tang Assistant.
U.S. Antitrust Policy: Cartels, Consumer Welfare and International Convergence University of La Rochelle 27 Janvier, 2006 John S. Martin Fulbright Visiting.
“Equal and open access to the market in terms of economic integration and increased competition ” Astana Forum, 24 May 2013 Presented by Hassan Qaqaya,
Intellectual Property in the Context of Growth and Development of the World Economy Luciano Daffarra, Attorney at Law Daffarra, d’Addio & Partners China-Italy.
GLOBAL VS NATIONAL IN INTELLECTUAL PROPERTY RIGHTS: BUSINESS MODELS AND LAW ENFORCEMENT MODELS (ON THE EXAMPLE OF ANTITRUST ENFORCEMENT IN RUSSIA) IP and.
Introductory course on Competition and Regulation Pál Belényesi University of Verona October 2006.
Trade-related policies and access to medicines ICTSD Consultation on trade policy coherence and access to medicines Geneva November 7 th 2006,
MERGERS Clayton 7 as amended by the Celler-Kefauver Act:
Intellectual Property Rights and Technology Transfer – Need for right Approach © Yves Van Couter – 2014, November 21 ‘EU-India Strategic Partnership :
UNCTAD/CD-TFT 1 Intellectual Property Rights and National Development Goals – Ensuring Innovation in Russia St. Petersburg/Moscow Study Tour 2008 Christoph.
© Suzanne Scotchmer 2007 from Innovation and Incentives Licensing Some Terms: Exclusive Exclusive licensing versus exclusive dealing Royalties versus Fixed.
First edition Global Economic Issues and Policies PowerPoint Presentation by Charlie Cook Copyright © 2004 South-Western/Thomson Learning. All rights reserved.
Intellectual Property and Antitrust Antitrust Basics Lesson III: Intellectual Property November 8, 2006 Sean P. Gates Federal Trade Commission.
Why should consumers be interested in a competition law? Pradeep S. Mehta National Conference on "Competition Regime – Benefiting the Consumer" 20 th October.
Erlinda M. Medalla April 27-28, 2006 Hanoi Understanding Competition Policy.
DIS 605 BY DOROBIN AGOTI REG NO: D61/71443/2008 ICT INNOVATION, LEGAL AND PIRACY ISSUES.
A: Copy –Rights – Artistic, Literary work, Computer software Etc. B: Related Rights – Performers, Phonogram Producers, Broadcasters etc. C: Industrial.
PATENT POOL & its CONCERNS PATENT POOL & its CONCERNS Manmohan A Amonkar 20 July 2010.
Law Antitrust - Instructor: Dwight Drake Patent Pooling What is patent pooling? When is patent pooling anticompetitive? Can others be excluded from.
A Stakeholders’ Take in Institutionalizing a Comprehensive Competition Policy in the Philippines Pauline Sanchez | Research Methods in.
Biotechnology / Life Sciences Ensuring Access Christina Sampogna July 2005 CASRIP – University of Washington, Seattle *Views expressed are those of the.
The Relevance of Government Policy in the Industrialized Agri-Food System Konstantinos Giannakas Department of Agricultural Economics, UNL.
1 AIPPI Forum 2011 Hyderabad, India, 15 October AIPPI Forum 2011 Hyderabad, India, 15 October 2011 Standardisation and Software Protection Strategies.
1 Hot Topics at the Interface of Intellectual Property and Competition Law Possible Antitrust Concerns Arising from Patent Pools ABA International Law.
© SOUTH-WESTERNCONTEMPORARY ECONOMICS: LESSON 3.21 LESSON 3.2 Regulating the Private Sector  Explain how government, by establishing laws and regulations,
Willard K. Tom ABA Section of International Law Spring Meeting April 17, 2009 Compulsory Licensing: An Antitrust Lawyer’s Perspective.
Chapter 8 Business-Government Relations Copyright © 2014 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin.
CONTEMPORARY ECONOMICS© Thomson South-Western 3.2Regulating the Private Sector  Explain how government can improve operation of the private sector. 
Exercise of IP rights as an abusive behaviour under EU antitrust law Christian Vollrath European Commission DG Competition 1.
Identification of Abuse of dominant market position involving IPR Wang Xianlin, KoGoan Law School of Shanghai Jiaotong University Dalian,June 11,2010.
Review of the Transfer of Technology Block Exemption Regulation (TTBE) 2001 Report shortcomings of the TTBE new generation of regulations more economic.
Sangmin Song, Director, Anti-Monopoly Div., KFTC MRFTA & IP Rights 1.
The Role of Government in Our Economy. Think about it…… What are some government regulations that affect what you do?
Patent Review Overview Summary of different types of Intellectual Property What is a patent? Why would you want one? What are the requirements for patentability?
Competition and Intellectual Property Protection in the Pharmaceutical Sector Alexey Ivanov Director, HSE-Skolkovo Institute for Law and Development Director,
Identification of Monopoly Agreement involving Intellectual Property Rights Wang Xianlin, KoGuan Law School of Shanghai Jiao Tong University Dalian, June.
 As an entrepreneur, there are laws that affect almost every aspect of your business.  Even the competition that business face is regulated by the government.
Addressing the Interface between Patents and Technical Standards in International Trade Discussions A presentation of UNCTAD-ICTSD Policy Brief 3 KEI side.
Dialogue on Competition Policy and Intellectual Property *
Wang Xianlin, Law School of Shanghai Jiao Tong University
EU Competition Rules for Technology Transfer Agreements
Intellectual Property Protection and Access to Medicines
SOCIAL,ETHICAL AND LEGAL IMPLICATIONS OF BIOTECHNOLOGY
The new technology transfer regime More evolution than revolution
IPR’s: new challenges and opportunities
Dai Davis, Solicitor and Chartered Engineer
Trade-related policies and access to medicines
Legal Aspects Of Corporate Business
“Revisiting Abuse of Dominance & IPRs: Emerging Jurisprudence of the Indian Competition Law” “Plenary 2: A comparative perspective to IPR and Competition:
Itumeleng Lesofe Competition Commission South Africa
The new technology transfer regime
Pradeep S. Mehta, Secretary General Interim Review Meeting
COMPETITION POLICY AND IP
THE GOALS OF COMPETITION LAW AND THE ROLE OF LEGAL INSTITUTIONS
Presentation transcript:

National symposium on Competition law: Evolution and Transition, 2012 Competition Policy for IP Issues Pradeep S Mehta Secretary General, CUTS International 1

Structure of the Presentation 1. IPR & Competition Law: Opposing Views 3.US and EU Approaches 2.Key Policy Challenges 4. Competition Policy for IP in Indian Context 2

IP Laws & Competition Law IP Law aims at: Protecting discoveries/ Inventions Enhancing consumer welfare Better Products Need for IP Protections:  From illegitimate use of copying  Authenticity protection Competition Law aims at: Eliminating monopolies Minimizing adverse consequences of monopoly arising from IPR. Consumer welfare 3

Two Opposing views Tension b/w Competition and IP laws. Balance b/w Competition and IP laws. Competition law eliminates monopolies whereas IP law rewards an inventor with “limited” monopoly. However, both aim at economic growth, consumer welfare and innovation. But, the challenge remains in finding the meeting ground. 4

Key Policy Challenges in India For Achieving Higher Human Development Ensuring affordable drugs & health services Prices for agriculture inputs to achieve food security For Achieving Greater Competitiveness Innovation across all industrial sectors Allowing access to essential facilities How do other countries have attempted to resolve the tension between IP and Competiton? 5

US Guidelines ( Anti Trust Safety Zone – the US ) General Principles: Standard antitrust analysis applies to intellectual property Intellectual property and market power - The Agencies will not presume that a patent, copyright, or trade secret necessarily confers market power upon its owner – likelihood of sufficient actual or potential close substitutes Procompetitive benefits of licensing – Licensing can facilitate integration of the licensed property with complementary factors of production. 6

To Look into or Not? The US Approach Arrangements Subject to Scrutiny, if: 1.An IP licensing arrangement involves conditional refusal to license which cause competitive harm, 2.Tying arrangement, 3.Cross Licensing & patent pooling resulting in price fixing and foreclosure of innovation. Arrangements Not Subject to Scrutiny if: 1.the restraint is not facially anticompetitive and 2.the licensor and its licensees collectively account for no more than twenty per cent of each relevant market significantly affected by the restraint. Antitrust “safety zone” tend to provide some degree of certainty. 7

EU Regulations Block exemptions 1)Specialization Agreement are immune from Competition law : the Combined market share of participating undertaking is less than 20% of relevant market share, Arrangement mustn’t result in price fixing, limiting output, allocating markets 2)Technology Transfer Agreement Exempts patents, knowhow & software copyright licensing and assignment agreements. Conditions: Combined share of relevant market mustn’t exceed 20% (agreement between Competitors), Combined share of relevant market mustn’t exceed 30% when between non competitors, Mustn’t contain severely anti competitive restraints. EU competition policy for IP facilitates innovation as well as public welfare. 8

Competition Policy for IP Issues Specific pharmaceutical policy tools –Parallel importing, compulsory licensing & price Control. Examples – Compulsory license to NATCO (India) Allowing access to essential facilities at fair and competitive terms and conditions. Example - IMS Health GmbH & Co. OHG v. NDC Health GmbH & Co. KG (EU) Creating financially conducive business environment around IP assets - pharmaceutical loans & grants for patented drug. IP and Competition laws have to be applied in tandem to ensure that the rights of all stakeholders & general public are protected. Develop guidelines which provide certainty to businesses as well as those who are concerned about development outcomes. And the jury is not yet out! 9

Thanks Pradeep S Mehta E: 10