Competition policy and prevention of abuses in the TRIPS agreement

Shanker, Daya 2005, Competition policy and prevention of abuses in the TRIPS agreement, Revista Di Politica Economica, vol. 95, no. 9/10, pp. 207-246.

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Title Competition policy and prevention of abuses in the TRIPS agreement
Author(s) Shanker, Daya
Journal name Revista Di Politica Economica
Volume number 95
Issue number 9/10
Start page 207
End page 246
Publisher SIPI
Place of publication Rome, Italy
Publication date 2005-09
ISSN 0035-6468
Summary The monopoly granted through intellectual property rights can lead to abuses ofsuch monopoly. The TRIPS Agreement recognizes such abuses along with the fact that competition policy can play a significant role in dealing with such abuses. The use of competition policy to deal with the abuse of IP monopolies reguires a discussion ofabuse of the dominant position, definition ot market and substitutability of products and whether the
patenting monopoly automatically puts the right holder in the dominant position. The issue of parallel trade and exhaustion of rights also has anti-competitive implications. The introduction of discriminatory pricing along with any ban on parallel trade would lead to absolute market control, market segregation and market exclusion by the monopolistic industries. [JEL Classiffication: K21, K33]
Language eng
Field of Research 150308 International Business
HERDC Research category C1 Refereed article in a scholarly journal
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Document type: Journal Article
Collections: Faculty of Business and Law
School of Management and Marketing
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