Relationship between competition law and patents: a study in Ecuador, Spain, Colombia and Argentina

Abstract

The exploration of competition and patents in the realm of comparative law constitutes an innovative approach. This theme delves into the intersection of two legally significant areas in the commercial world: competition law in the economic sphere and law focused on intellectual property. Intrinsically linked, these branches seek to establish a legal framework that enables patent holders to maintain a dominant position in the market. Moreover, in the commercial domain, there is a pursuit to rectify abusive or excessive behaviors that may arise in a lucrative market, aiming to maintain equilibrium. This research aims to identify how excessive or insufficient protection of patents and competition can lead to distortions in trade. To address this issue, a comparative law analysis is conducted among countries such as Ecuador, Spain, Colombia, and Argentina. This approach will answer key study questions, including: What is the concept of competition and patents in each country? What is the relationship between patents and competition law at national and international levels? And what is the regulatory framework applied by these countries regarding patents and competition? The methodology employed relies on an analytical approach, supported by applied research that includes an exploratory study of various doctrinal and normative theories. This comprehensive approach will provide a fresh perspective that enriches the discipline of competition law.