Propriedade Intelectual e Concorrência

• Autor(a) principal: Mello, Maria Tereza Leopardi
• Data de Publicação: 2010
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Inovação (Online)
• Texto Completo: https://periodicos.sbu.unicamp.br/ojs/index.php/rbi/article/view/8648985
• topic: Competition; Intellectual Property; Antitrust; Law & Economics; K00; K21; Concorrência. Propriedade intelectual. Antitruste. Direito & economia.; K00; K21

This paper discusses the relationship between intellectual property rights (IPRs) and competition, which could be viewed as conflictive in principle. A survey will be made on the theoretical and empirical literature about economic impacts of IP protection, showing that these effects are neither direct nor absolute, being strongly conditioned by existing competition patterns, technology features and so on. The relationship between IPRs and market power is analyzed according to Teece’s (1986) conceptual framework, for which IPR is only one element of an appropriability regime. Our main conclusion is that the effects are inherently ambiguous. Analytical tools in antitrust law systems are compatible with our approach of intellectual property and its economic impacts, offering an adequate means for identifying e comparing the possible effects of IPRs.