Trade, Competition and Intellectual Property
By Warwick A. Rothnie
TRIPS does not lay down rules on parallel imports. Its provisions, however, do give states the discretion to apply competition rules to the exercise of intellectual property rights. The indeterminacies of competition law and its application mean that intellectual property owners lack objective criteria by which to plan their strategic uses of intellectual property. Competition policy, if not clearly and consistently worked out, may well serve to undermine the incentive effects of intellectual property.
page: 351 – 366
Prometheus: Critical Studies in Innovation
Volume 16, Issue 3