Competition-IP Interface: Transactions, Collaboration, and Unilateral Conduct (Practical Law)

Goodwin’s Stephen Mavroghenis and Christina Kolotourou wrote a practice note in Practical Law considering the interface between competition law and intellectual property (IP) law. This note discusses mergers and acquisitions (M&A); licensing, collaboration, or other arrangements; and unilateral conduct relating to the commercialisation of IP in the UK. This note also briefly addresses the key IP doctrine of exhaustion of rights and its interaction with competition law. It is part of a global suite of jurisdiction-specific resources helping private practice lawyers and in-house counsel manage the legal risks commonly associated with the transfer or use of IP (Competition-IP Interface Toolkit (International)), including merger control, joint ventures, collaboration agreements, exclusivity, territorial or customer restrictions, excessive pricing, pay-for-delay agreements, divisional patents, and disparagement campaigns. Companies can encounter the interface between competition law and IP when IP rights are transferred as part of a transaction, form the subject of a collaboration, and lead to disputes and litigation. Within these scenarios, there can be tension and sometimes conflict between competition and IP considerations. In certain circumstances, companies are under a special responsibility not to exploit their IP in ways that would otherwise be considered ordinary business practices. This is particularly the case where competitors are involved.

For more, read the full article in Practical Law.