Description

The multi-faceted interaction between competition and intellectual property (IP) laws raises many tricky legal issues related to whether IP owners should be permitted to engage in conduct that may have an adverse impact on the competitive process. Presented by Professor Richard Whish QC
together with Associate Professor Burton Ong, the seminar examines recent developments from the UK/EU and Singapore on two fronts.

Firstly, what limits should competition law place on the commercial freedom of IP owners to decide on the prices they may charge their licensees or customers? To what extent is it appropriate for competition authorities (or the courts) to intervene in the pricing-related behaviour of, or impose behavioural remedies upon, IP holders to curtail the latter’s ability to engage in “excessive” pricing? How should disputes as to whether an IP holder has breached their FRAND commitments (i.e. to licence their IP on fair, reasonable and non-discriminatory terms) be resolved? Secondly, to the extent that competition policy considerations are already endogenously embedded within IP legislative frameworks, how far should an additional layer of competition laws be applied to regulate the behaviour of IP holders? Specific examples arising from the Singapore Copyright Review Report 2019 (the “fair use” defence and the proposed specific data-mining exception) was discussed in this context.

About The Speaker

Emeritus Professor Richard Whish is an eminent expert on EU and UK competition law. A legal academic, qualified solicitor, and author, Professor Whish has contributed invaluably to various aspects of international competition law and policy, including to Singapore.