Video transcript
Nicole Mantini (00:05): Hi, and welcome
to Ask an IP Litigator. Today we're going to run through some
of the unique issues that arise when IP intersects with competition
law. So Andy, to start us off, IP is all about giving some level of
exclusivity to a market participant to permit it to exclude its
competitors. While these are legally permitted forms of monopoly,
it seems obvious that at times this could be at odds with
competition law.
Is there a line between how one can enjoy and exploit these
exclusive rights, and still run afoul of competition laws?
Andrew Shaughnessy (00:35): The short
answer is: yes, Niki, especially when it comes to settling IP
disputes. Let's start with the easy. You can't use your IP
in such a way as to expand or extend your IP rights. Let me give
you a simple example. I license your patent and you insist that I
pay you royalties or fees past the patent's expiry date.
