Harmonizing Intellectual Property Protection and Competition Law: Strategies to Mitigate Abuse of Market Power

Abstract

Abstract: The relationship between Intellectual Property (IP) protection and competition law poses a challenging dilemma in contemporary market economies. Although intellectual property rights promote innovation and protect the interests of creators, their capacity to cultivate market dominance and suppress competition is concerning. This study examines the conflict between safeguarding intellectual property and fostering fair competition, exploring how the abuse of intellectual property rights can result in anti-competitive conduct and monopolistic behaviors. It analyzes essential legal frameworks and incidents in which intellectual property abuse has compromised market competition, especially in industries such as medicines, technology, and entertainment. The document suggests measures to alleviate market power abuse, such as establishing clearer regulatory frameworks, increasing judicial oversight, and promoting a balanced methodology that stimulates innovation while protecting competitive markets. This article seeks to reconcile the goals of intellectual property protection and competition law, providing solutions for fostering a more equitable and competitive marketplace that promotes innovation and consumer welfare.