The interaction between the laws relating to intellectual
property ("IP") and competition has given rise to
interesting questions for debate ever since the Malaysia
Competition Act 2010 ("CA 2010") came into force in
2012.
On the surface, there appears to be a general tension between IP
and competition laws. IP laws confer certain exclusivity on a
proprietor whereas competition laws, in contrast, seek to preserve
the open and free nature of a market. This friction intensifies
where the owner of an IP right ("IPR") begins to cause
difficulties for its competitors to enter markets or begin to abuse
its dominant position. Having said that, IPRs and competition law
are not necessarily inharmonious as the promotion of market
efficiencies may lead to greater innovation and variety in a
market.
