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  • 1.

    Intellectual property law
    Under what statutes, regulations or case law are intellectual property rights granted? Are there restrictions on how IP rights may be enforced, licensed or otherwise transferred? Do the rights exceed the minimum required by the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)?

  • 2.

    Responsible authorities
    Which authorities are responsible for granting, administering or enforcing IP rights?

  • 3.

    Proceedings to enforce IP rights
    What types of legal or administrative proceedings are available for enforcing IP rights? To the extent your jurisdiction has both legal and administrative enforcement options for IP rights, briefly describe their interrelationship, if any.

  • 4.

    Remedies
    What remedies are available to a party whose IP rights have been infringed? Do these remedies vary depending on whether one utilises judicial or administrative review or enforcement?

  • 5.

    Nexus between competition and IP rights
    Do any statutes, regulations or case law in your jurisdiction address the interplay between competition law and IP law?

  • 6.

    Patent cooperation treaties and other agreements
    Does your jurisdiction participate in any patent cooperation treaties or other similar agreements?

  • 7.

    Remedies for deceptive practices
    With respect to trademarks, do competition or consumer protection laws provide remedies for deceptive practices?

  • 8.

    Technological protection measures and digital rights management
    With respect to copyright protection, is WIPO protection of technological protection measures and digital rights management enforced in your jurisdiction? Do statutes, regulation or case law limit the ability of manufacturers to incorporate TPM or DRM protection limiting the platforms on which content can be played? Has TPM or DRM protection been challenged under the competition laws?

  • 9.

    Industry standards
    What consideration has been given in statutes, regulation or case law to the impact of the adoption of proprietary technologies in industry standards?

  • 10.

    Competition legislation
    What statutes set out competition law?

  • 11.

    IP rights in competition legislation
    Do the competition laws make specific mention of any IP rights?

  • 12.

    Review and investigation of competitive effects from exercise of IP rights
    Which authorities may review or investigate the competitive effect of conduct related to exercise of IP rights?

  • 13.

    Competition-related remedies for private parties
    Can a private party recover for competition-related damages caused by the exercise, licensing or transfer of IP rights?

  • 14.

    Competition guidelines
    Have the competition authorities, or any other authority, issued guidelines or other statements regarding the overlap of competition law and IP?

  • 15.

    Exemptions from competition law
    Are there aspects or uses of IP rights that are specifically exempt from the application of competition law?

  • 16.

    Copyright exhaustion
    Does your jurisdiction have a doctrine of, or akin to, ‘copyright exhaustion’ (EU) or ‘first sale’ (US)? If so, how does that doctrine interact with competition laws?

  • 17.

    Import control
    To what extent can an IP rights holder prevent ‘grey-market’ or unauthorised importation or distribution of its products?

  • 18.

    Jurisdictional interaction between competition laws and IP rights
    Are there authorities with exclusive jurisdiction over IP-related or competition-related matters? For example, are there circumstances in which a competition claim might be transferred to an IP court to satisfy subject matter jurisdiction? Are there circumstances where the resolution of an IP dispute will be handled by a court of general jurisdiction?

  • 19.

    Powers of competition authority
    Does the competition authority have the same authority with respect to reviewing mergers involving IP rights as it does with respect to any other merger?

  • 20.

    Analysis of the competitive impact of a merger involving IP rights
    Does the competition authority’s analysis of the competitive impact of a merger involving IP rights differ from a traditional analysis in which IP rights are not involved? If so, how?

  • 21.

    Challenge of a merger
    In what circumstances might the competition authority challenge a merger involving the transfer or concentration of IP rights? Does this differ from the circumstances in which the competition authority might challenge a merger in which IP rights were not a focus?

  • 22.

    Remedies to address the competitive effects of mergers involving IP
    What remedies are available to address competitive effects generated by a merger when those effects revolve around the transfer of IP rights?

  • 23.

    Conspiracy
    Can the exercise, licensing or transfer of IP rights create price-fixing or conspiracy liability?

  • 24.

    Reverse payment patent settlements
    How have the competition laws been applied to reverse payment patent settlements in your jurisdiction?

  • 25.

    (Resale) price maintenance
    Can the exercise, licensing or transfer of IP rights create liability under (resale) price maintenance statutes or case law?

  • 26.

    Exclusive dealing, tying and leveraging
    Can the exercise, licensing or transfer of IP rights create liability under statutes or case law relating to exclusive dealing, tying and leveraging?

  • 27.

    Abuse of dominance
    Can the exercise, licensing or transfer of IP rights create liability under statutes or case law relating to monopolisation or abuse of dominance?

  • 28.

    Refusal to deal and essential facilities
    Can the exercise, licensing or transfer of IP rights create liability under statutes or case law relating to refusal to deal and refusal to grant access to essential facilities?

  • 29.

    Remedies for violations of competition law involving IP
    What sanctions or remedies can the competition authorities or courts impose for violations of competition law involving IP?

  • 30.

    Competition law remedies specific to IP
    Do special remedies exist under your competition laws that are specific to IP matters?

  • 31.

    Scrutiny of settlement agreements
    How would a settlement agreement terminating an IP infringement dispute be scrutinised from a competition perspective? What are the key factors informing such an analysis?

  • 32.

    Economics
    What role has competition economics played in the application of competition law in cases involving IP rights?

  • 33.

    Recent cases
    Have there been any recent high-profile cases dealing with the intersection of competition law and IP rights?

  • 34.

    Remedies and sanctions
    What competition remedies or sanctions have been imposed in the IP context?

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White & Case, a global law firm, was founded in New York in 1901. Today, it has presence in 43 offices in 26 countries, including the United States, Mexico, Brazil, Europe, the Middle East, Africa and Asia.

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