The OECD council adopted recommendations on intellectual property and competition on June 7. The recommendations urge members to effectively enforce competition law against anti-competitive business practices related to intellectual property. They suggest applying the same competition principles to intellectual property rights, assessing the effects of these practices on a case-by-case basis and considering intellectual property rights when defining relevant markets.
It is also proposed to assess anticompetitive versus favorable effects when evaluating IP licensing agreements, develop public guidance, and establish appropriate mitigants. In addition, cooperation between competition authorities, intellectual property bodies and regulatory agencies at the national and international level is encouraged.
