George Gryllos, ‘Intellectual property and competition: State of the law on the relationship between two institutions in the service of welfare’

ABSTRACT
Intellectual property law and competition law are two key institutions that promote and safeguard welfare. Intellectual property law grants exclusive rights to authors, inventors and trademark holders, among others. The exclusive nature of these rights sets in motion a process whereby, through the smooth operation of supply and demand, market forces will provide rights holders with a reasonable remuneration for their activity. Economic theory guides the basic legislative choices on the temporal and substantive scope of protection afforded by each type of intellectual property right. The infinite number of distinctive signs justifies the open-ended protection of trademarks against similar signs that give rise to a likelihood of confusion. Likewise, the infinite number of forms that works of human intellect and art can take justifies copyright protection for a long, but not indefinite, period. The general interest requires that, after a reasonable amount of time, these works become the common property of humanity. A similar, albeit stronger, public interest requires the protection, for a more limited period, of technological innovations, their value decreasing over time and their teachings being useful to follow-on progress …

Gryllos, George, Intellectual property and competition: State of the law on the relationship between two institutions in the service of welfare (April 27, 2022).

(Visited 27 times, 1 visits today)

Leave a Reply