FAS RUSSIA: ANTIMONOPOLY IMMUNITIES IN THE FIELD OF INTELLECTUAL PROPERTY CONTRIBUTE TO MONOPOLIZATION OF COMMODITY MARKETS

Through them, unfair rights holders control commodity markets, limiting competition

Sergey Puzyrevsky, Stats-Secretary – Deputy Head of the FAS Russia, stated this at a meeting of the Scientific and Methodological Council of Educational Organizations and Departments of Competition Law and Antimonopoly Regulation of the FAS Russia. It was held in conjunction with a meeting of the Commission on Competition Law and Improvement of Antimonopoly Legislation of the Association of Lawyers of Russia.

The discussion focused on the regulation of “antimonopoly immunities” in the field of intellectual property in foreign countries, the specifics of competition protection in the rapidly developing digital economy, as well as development trends aimed at simplifying and improving the mechanism for increasing the availability of rights to use and dispose of intellectual property results.

During the event, proposals were discussed to improve the mechanisms of antimonopoly response to violations related to the abuse of economic entities with exclusive rights of their market power to the detriment of consumers and businesses.

The Deputy Head of the FAS Russia stressed that a number of states have waived antimonopoly immunities for intellectual property objects - it helps to protect market participants from abuse by monopolists.

Following the results of the event, the participants came to the conclusion that it is necessary to exclude from the Law on Protection of Competition the provisions establishing “antimonopoly immunities” for relations in the field of intellectual property.

The FAS Russia considers it advisable to develop legislative proposals on invalidation of Part 4 of Article 10 and Part 9 of Article 11 of the Law on Protection of Competition.