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Rognstad, Ole-Andreas --- "The Multiplicity of Territorial IP Rights and its Impact on Competition" [2012] ELECD 194; in Rosén, Jan (ed), "Individualism and Collectiveness in Intellectual Property Law" (Edward Elgar Publishing, 2012)

Book Title: Individualism and Collectiveness in Intellectual Property Law

Editor(s): Rosén, Jan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857938978

Section: Chapter 3

Section Title: The Multiplicity of Territorial IP Rights and its Impact on Competition

Author(s): Rognstad, Ole-Andreas

Number of pages: 14

Extract:

3. The multiplicity of territorial IP
rights and its impact on
competition
Ole-Andreas Rognstad

1. INTRODUCTION

When discussing the impact on competition of various kinds of IPR-
ownership, it is important to note in particular that the notions of
multiple and collective ownership are far from clear and that the terms
can be defined in different ways.1 Regardless of the definitions or the
classification of terms, the main issue to be discussed when addressing
the question of the impact on competition of individual, multiple and
collective ownership is the impact the ownership structure in itself has
on competition in relevant markets. In this respect a natural starting
point is to consider the ownership structure within a particular IPR
regime. It is reasonable to presume that professor Hilty has implicitly
taken this starting point in his survey and analysis in Chapter 1.2 It is
also possible, however, to analyze the consequences for competition of


1 Compare Peukert (2011) pp. 195 et seq., with Hilty (Chapter 1 of this book).

Peukert defines multiple ownership as the situation where "not only one, but a
plurality of IP rights is relevant for a certain product" (p. 200), whereas collective
ownership occurs where "only one IP right is at stake" (p. 212). Pursuant to Hilty's
definitions, multiple ownership entails a limited number of owners, contrary to
collective ownership, which comprises an open number of owners. A third under-
standing of the concept of collective ownership seems to follow from Schovsbo in
...