The interface between intellectual property rights and competition law – fairness and innovation
The interface between intellectual property rights and competition law – fairness and innovation
With a focus on innovation, this paper highlights the continued need for a nuanced approach to the interface that balances the protection of IP with the promotion of competitive markets. The paper will reflect upon ‘fairness’ as a legal concept and tool under the competition rules, it’s influence on the interface between competition law and IP rights. The paper assess how this parameter impacts the carefully developed interface case law and discuss whether ultimately this will benefit innovation and thus the European competitiveness.
intellectual property law, competition law, Fairness, innovation
Schmidt, Hedvig
79ee57ca-7da9-43ea-93bc-2c3ad29e714a
Schmidt, Hedvig
79ee57ca-7da9-43ea-93bc-2c3ad29e714a
Schmidt, Hedvig
(2026)
The interface between intellectual property rights and competition law – fairness and innovation.
Nordiskt Immateriellt Rättsskydd.
(In Press)
Abstract
With a focus on innovation, this paper highlights the continued need for a nuanced approach to the interface that balances the protection of IP with the promotion of competitive markets. The paper will reflect upon ‘fairness’ as a legal concept and tool under the competition rules, it’s influence on the interface between competition law and IP rights. The paper assess how this parameter impacts the carefully developed interface case law and discuss whether ultimately this will benefit innovation and thus the European competitiveness.
Text
HSchmidt Fairness and Innovation_June 2025
- Accepted Manuscript
Restricted to Repository staff only
Request a copy
More information
Accepted/In Press date: 22 January 2026
Keywords:
intellectual property law, competition law, Fairness, innovation
Identifiers
Local EPrints ID: 509883
URI: http://eprints.soton.ac.uk/id/eprint/509883
ISSN: 0027-6723
PURE UUID: 216572fc-279f-4e74-b65c-f0e4329ddbba
Catalogue record
Date deposited: 10 Mar 2026 17:38
Last modified: 11 Mar 2026 02:40
Export record
Download statistics
Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.
View more statistics
