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Views sought on IP rules

Regulator seeks input on guidelines on applying competition law to intellectual property rights.
Posted on 13 January, 2023
Views sought on IP rules

The Commerce Commission has released draft guidelines on the application of competition legislation to intellectual property (IP) rights.

The Commerce Act currently exempts certain conduct in relation to IP being assessed as anti-competitive and in breach of the law.

From April 5 this year, these exemptions will be removed and all conduct relating to intellectual property will be capable of breaching the act.

To assist businesses to better understand the application of competition law to IP rights, the commission has drafted guidelines that explain how it assesses conduct relating to intellectual property under the legislation. 

“We are doing this to help businesses and other parties dealing with IP rights to assess whether their conduct complies with the act,” says a spokesperson. “We are keen to receive feedback and submissions on the draft. The deadline for submissions is February 10.”

For more information, visit the commission website or click here.