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Unpublished Paper
STUDY ON THE ANTI-COMPETITIVE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS: SHAM LITIGATION
(2011)
  • Lucia Helena Salgado, Universidade do Estado do Rio de Janeiro
  • Denis B Barbosa
  • Graziela F. Zucoloto
Abstract
1. The objective of this study was to trace a worldwide frame of the current state of the anticompetitive use of judicial actions in defense of intellectual property, also known as Sham Litigation. Sham litigation has been object of controversy, as it opposes connects the exercise of allegedly legitimate rights to the idea of abuse on its uses, meaning (in economic terms) a strategic use with the objective of harming or excluding a rival from the market. A good and pioneer possible tentative definition for sham litigation in on a strict economic perspective is a predatory or fraudulent litigation with anticompetitive effect, i.e., the improper use of the courts and other government adjudicative or granting processes against rivals to achieve anticompetitive ends. We suggest that the anticompetitive use of judicial actions to unduly protect intellectual property might be considered one type of non-price predation strategies. Hence, the economic tools developed to identify this kind of practice can be useful here, too.
Keywords
  • intelectual property law,
  • predatory practices,
  • competition law
Disciplines
Publication Date
Summer December, 2011
Citation Information
Lucia Helena Salgado, Denis B Barbosa and Graziela F. Zucoloto. "STUDY ON THE ANTI-COMPETITIVE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS: SHAM LITIGATION" (2011)
Available at: http://works.bepress.com/lucia_salgado/20/