Intellectual Property, Competition Law and Economics in Asia

This book is the result of a conference held in Singapore in September 2009, which brought together distinguished lawyers and economists to examine the differences and similarities in the intersection between intellectual property and competition laws in Asia. The prime focus was how best to balance these laws to improve economic welfare. Countries in Asia have different levels of development and experience with intellectual property and competition laws. Japan has the longest experience and now vigorously enforces both competition and intellectual property laws. Most other countries in Asia have only recently introduced intellectual property laws (due to the TRIPS Agreement) and competition laws (sometimes due to the World Bank, the International Monetary Fund, or free trade agreements). It would be naive to think that laws - even if similar on the surface - will have the same goals or be enforced similarly. Countries have differing degrees of acceptance of these laws, different economic circumstances, and differing legal and political institutions. To set the scene, the book looks at the intersection of intellectual property and competition laws in the US. Next, country chapters on Asia are presented. These chapters outline the institutional background to the intersection in each country, discuss the policy underpinnings (theoretically as well as describing actual policy initiatives), analyze the case law in the area, and make policy prescriptions.

R Ian McEwin is Professor of Law, National University of Singapore, Senior Economic and Regulatory Adviser, Rajah & Tann, Singapore and Visiting Professor in the Law Faculty, Chulalongkorn University, Bangkok. He was formerly economics adviser to the Singapore Department of Trade and Industry on competition law matters, before joining the Singapore Competition Commission as its inaugural Chief Economist.