Interaction between Competition Law and Intellectual Property Law; or Conflict with the General Rules of Contracts

The relationship between the competition law and intellectual law might be considered from different directions. There are many discussions about the interaction or conflict between these fields of law. Some schollars are believe that the rules، which are applicable in these fields are in conflict; because one of them has formed for preventing the monopolies and supervising on the economic agents’ activities to prevent the harm that can be imposed to competition in the market، and the other supports the exclusive rights arising from the intellectual properties. On the other hand، but some scholars believe that there are no conflicts between these fields. But the evidence of the last theory might be challengeable، because some scholars consider the competition law over the intellectual property law due to its features، although others believe that there is an interaction between these fields. Assuming the interaction theory or conformance of intellectual property law from the competition law، some questions will arise، and we have to find suitable answers for them: «What is the effect of domination of competition law over the intellectual property law on the general rules of contracts and their principles?» Do the general rules of contracts follow the mentioned law? Is the interaction between intellectual property law and compeptition law considered as conspiracy against the last principles? «and If it was necessary for supporting the competition، can we force the owner of exclusive right to transfer the right or to accept other''s usage، of it?