Striking Balance between Intellectual Property Rights and Competition Law Protection in Cases of Patent Abuse: A Comparative Study of Indonesia's and E.U.'s Approach

• Main Authors: , MUHAMMAD RIFKY WICAKSONO, , Prof. M. Hawin
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2014
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/132146/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=72664
• Institution: Universitas Gadjah Mada

The intersection between IP law and competition law has garnered significant attention in the EU because of a newfound legal phenomenon where companies abuse the rights granted by IPR in order to side-step competition regulations. One of the common means firms achieve this is through patent abuse. In Indonesia, however, the rules pertaining to this intersection are still unclear and minimal to say the least. This legal deficiency has prompted the author to employ a Comparative-Doctrinal research method to analyze how the Indonesian regulatory framework and the EU body of laws balance interests of IPR and competition law in cases of patent abuse. The ultimate goal of which is to devise a series of recommendations based on the EU experience as an antidote to Indonesia�s regulatory shortcomings. Bearing in mind the myriads of means companies abuse their patents to foreclose competition, the author decided to focus the scope of the present research to deal with three forms of patent abuse