Guidelines To Intellectual Property Licensing And Its Adherance To Competition Laws

Abstract

Intellectual property laws allow its owners to exclude others from performing certain specified acts, at the same time it allows him to grant third parties special permission to perform any of those acts through licensing, while retaining ownership. The article discusses the issues in relation with the major provisions in a typical licensing agreement as well as those that are specific or unique to the different types of intellectual property licenses and their validity with respect to competition laws. The traditional role of competition law has been to promote efficiency in the market and thereby prevent market distortions whereas the role of IPR has been the promotion of innovations by granting protection and rights over inventions. Yet, it is understood that the two realms can, not only co-exist but also complement each other. The article explores the possibility of executing licensing agreements in tune with Intellectual Property Laws and