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

While intellectual property (IP) and competition laws both seek to promote economic efficiency and innovation, they do so in different ways. IP laws incentivise innovation by granting IP owners the right to exclude others from doing certain things in relation to their intellectual creations. These rights can be monopolistic or quasi-monopolistic in nature. On the other hand, competition law prohibits various forms of exclusionary conduct, and seeks to restrict how monopoly power may be used on a market. There is an inherent tension between the IP and competition law regimes which IP rights owners should be aware of.

In a Practice Note published by Practical Law, Jeremiah Chew from Ascendant Legal, our Formal Law Alliance firm in Singapore, explores the interaction between IP and competition laws in Singapore. The Practice Note discusses the relevant provisions in the Competition Act 2004, guidance issued by the Competition and Consumer Commission of Singapore, and other Singapore legislation that govern the interaction between IP and competition law. The note also highlights the potential competition law risks involved in common IP-related arrangements, and provides guidance to help manage these risks.

Reproduced from Practical Law with the permission of the publishers. For further information, visit www.practicallaw.com.