Mohamed, Khadijah (2020) The Interface Between Intellectual Property Rights and Competition Law: Legal Development in Malaysia. Wipo-Wto Colloquium Papers: Research Papers from the Wipo-Wto Colloquium for Teachers of Intellectual Property Law, 10 (1). pp. 139-156. ISSN 9789287

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Abstract

The aim of this paper is to examine the interface between competition law and intellectual property rights (IPRs) in Malaysia and assess the likely impact on Malaysia’s Competition Act 2010 (the Act) that came into force in 2012. The study focuses on the newly introduced provisions of Malaysian competition law; regulation of the existing IPR system and their convergent role by taking into consideration only characteristics useful to explain their interaction in the relevant market. The discussion includes the argument that if competition law and IPRs are complementary means of promoting innovation, technical progress, and economic growth to the benefit of consumers, however, they are pursued by different instruments. The study finds that the Competition Act 2010 does not stipulate explicitly any provisions that relate to IPRs matters. However, Section 4 of the Act prohibits anti-competitive agreements, which have the object or effect of significantly distorting competition in the market and Section 10 of the Act prohibits abuse of dominant position, which may also cover practices concerning IPRs. Thus, a balance between the need to protect IPRs and the need to promote freedom of competition must be maintained. In preserving the monopoly resulting from the exclusive IPRs, the study suggests that durations of some IPRs such as patents or industrial design should be reviewed as to whether they need to be shortened, or whether certain conditions need to be attached before the period of protection can be extended

Item Type:	Article
Uncontrolled Keywords:	abuse of dominant position, anti-competitive agreements, Intellectual property rights and competition law interface, legal development, monopoly
Subjects:	K Law > K Law (General)
Divisions:	School of Law
Depositing User:	Mdm. Sarkina Mat Saad @ Shaari
Date Deposited:	31 Jul 2024 10:43
Last Modified:	31 Jul 2024 10:43
URI:	https://repo.uum.edu.my/id/eprint/31166

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