Prof. Gwen Grecia-De Vera: "Intellectual Property Rights and Competition Law: A Context for Coordination and Harmonization"

"Intellectual Property Rights and Competition Law: A Context for Coordination and Harmonization"

Prof. Gwen Grecia-De Vera

Link: Ateneo Law Journal Vol. 62, No. 4, 2018

In enacting the Philippine Competition Act (PCA), does the Philippines’ pursuit in combating disadvantageous monopolies defeat the rights given by the Intellectual Property Code, as well as the constitutional mandate to preserve technology, knowledge, and the arts?

To answer the question, the Author looks into the two laws mentioned, determines the possible conflicts between them, and attempts to find a way to harmonize them. In finding solutions to these quandaries, the Author also contextualizes the issue based on the Philippine Development Plan (PDP) for 2017-2022.