Are Article 82 EC and Intellectual Property Interoperable? The State of The Law Pending The Judgment

Are Article 82 EC and Intellectual Property Interoperable? The State of The Law Pending The Judgment In Microsoft V. Commission

Amritpal Singh, University School of Law, Sri Guru Granth Sahib World University

Introduction

Intellectual property is an outcome of human intellect. The main motivation for its protection is to encourage the creative activities and inventions. The role of intellectual property is sine qua non1 in the economic and technological development of a nation. The prosperity achieved by developed nations is the result of exploitation of their intellectual property. In absence of efficient law to protect intellectual property, there will hardly be any creative activity or inventions and the economic and technological development of a nation will come to a halt. It is, therefore, inevitable to protect and promote intellectual property.

In today's world, intellectual capital is considered to be a part of a company's assets and it is constantly assessed, valued, and even listed in the balance sheet. Intellectual capital of corporations results from accumulation of technical knowledge, patents, copyrights, trade names or trademarks, brand values, etc. Intellectual capital is used extensively to procure bank loans, obtain funds from venture capitalists, enhance reputation and increase worth among shareholders, and build wealth. Intellectual property law is now an integral part of the economic life all over the world. It protects use of ideas and informations that are of commercial value.