'The Antitrust/IPRs interface in the EU: Towards the suppression of innovation?'

摘要

Empirical evidence suggests that the software industries are shifting toward a more patient-intensive approach to the protection of their intellectual property. On its face, this evidence has given rise to two sets of complaints. The first is that a lot of "bad" patents are being issued. The second is that the pendulum has swung too far: after decades when patents did not afford inventors and companies enough protection, they now offer too much. The aim of this paper is therefore to demonstrate that IP laws and antitrust are heading for a collision. To do so, we provide an assessment of the main consequences for innovation and competition of extending patent protection beyond current levels for computer-related inventions, and in particular, we examine the market power interaction arising from network effects and IP protection.