Intellectual Property and Competition Laws: Challenges
Intellectual property rights---copyrights, patents, design rights, and trademarks---exist to incentivize innovation in the marketplace. However, because of the complex nature of international regulations, intellectual property protections often fail to extend beyond borders. In fact, US President Donald Trump cites Chinese intellectual property theft on American goods as one of the reasons for imposing tariffs on Chinese goods (Volodzko).
These complications tie into the inherent tension between innovation and intellectual property regulation: in some ways, intellectual property “legitimizes monopoly” for a “creation of the mind” (Ramaiah 1) by denying other entities access to improve upon patented material. The intellectual property regulations of Malaysia provide an important case study of the anti-competitive aspects of IPR law.
The primary innovators of a new creation are often in the position to profit at the expense of society by gaining a monopoly over a certain vital sector of the market. Moreover, Malaysian patents are mostly granted to foreign firms which have the power to “impose anti-competitive conditions on licenses” (Ramaiah 4) and limit the consumers access to technology.
While doing your research, it is important to understand the nuances of your country's respective IPR policies. Which aspects protect the competitive marketplace and which statues stifle it? To learn more about the tensions between IPR protections and forming a competitive marketplace, check out these sources:
As always, looking forward to meeting you all!
Claire
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