Decoding products – where IP rights clash with competition rules

By Baris Kalayci and Ceren Aral

Cases involving decoding – where retailers alter or remove the identifying marks placed on goods by rights holders – sit at the intersection of IP and competition law and need careful analysis, depending on both the sector and jurisdiction involved

Decoding cases are one of the best examples of the interrelation between IP rights and competition rules, requiring an in-depth analysis of IP protection and free trade with – in most cases – rights holders on one side and parallel importers on the other.

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