IPR, Subsidy, and Competition Policy: Potential Disharmony on Economic Regulations

DOI

10.2991/aebmr.k.200321.008How to use a DOI?

Keywords

IPR, subsidy, competition, policy

Abstract

As a legal instrument as well as an economic instrument, Intellectual Property Rights / IPR carries two functions. In essence, IPR represents legal instrument as to the basis of the establishment of rights, including moral right and protection at the commercialization stage. Meanwhile, as an economic instrument, IPR becomes a stimulation of innovation, triggers creation, and even becomes trade commodities, including licensing agreement. Both of these instrumental functions encourage economic growth and generate social welfare in parallel system. In the economic side, IPR is applied in the industrial sector until in the trade estuary. In the context of this downstream-upstream relationship, there are some hidden issues, especially those related to various government policy schemes in providing subsidies. By definition, subsidy is assistance provided by the government to reduce or alleviate the burden of costs that should be borne by the community. This subsidy scheme has a direct impact on the cost of production which leads to the condition that selling prices “must” be adjusted to the level of ability or purchasing power of the people. From the aspect of policy, subsidies are given to reduce commodity prices or increase industrial output. As a control of economic activity, subsidy has a reasonable and correct rational and does not violate any prevailing law. However, there is a question on the perspective of business competition which has been carried out in the same spirit in controlling the market? So far, the justification of the subsidy policy has rarely been linked to the conception of IPR which also lays its legal foundation on the values of fair and open business competition. If it is true that subsidy is considered part of the pro-people survival policy against the market, is that fair in the perspective of law? Has not such policy treated unfairly to the business competitor or business rivals? In this context, the Repression of Unfair Competition as one of the IPR doctrines was chosen to be the analysis tool to prove the potential disharmony of the above mentioned economic regulations.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Henry Soelistyo Budi
AU  - Bintan Regen Saragih
PY  - 2020
DA  - 2020/03/27
TI  - IPR, Subsidy, and Competition Policy: Potential Disharmony on Economic Regulations
BT  - Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)
PB  - Atlantis Press
SP  - 54
EP  - 62
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200321.008
DO  - 10.2991/aebmr.k.200321.008
ID  - Budi2020
ER  -