THE MyCC GUIDELINES ON INTELLECTUAL PROPERTY RIGHTS AND COMPETITION LAW

The Malaysia Competition Commission (MyCC) is an independent body established under the Competition Commission Act 2010. The MyCC is empowered to enforce the Competition Act 2010 (hereinafter "CA 2010"). Section 66 of the CA 2010 provides power to the MyCC to issue and publish guidelines in relation to the implementation and enforcement of the competition laws.

The traditional goal of competition law is to promote and protect the process of rivalry among firms through the prevention of anti-competitive behaviour and ensures the well-functioning of the market and fair allocation of resources in the society. As for Intellectual Property Rights (IPRs) law, it contributes to the growth of economy through new invention, technological development and increases the consumer welfare by infusing economic efficiency, innovative products and variety of choices. At the outset, both laws seem to be complementary to each other.

However, it is important to note that competition law and IPRs law may have different incentives and regulatory arrangement and this may resulted in some tensions with the goals that competition law seeks to promote.

Therefore, it is very important for the MyCC to have Guidelines to deal with the complex interface between competition and IPRs law to avoid confusion, legal uncertainty and duplication of works. On that note, we welcome the public feedback on the said Guidelines in order to ensure comprehensive and effectual guidelines are generated.

Please submit your comments or feedback via email to [email protected] with the subject title “Online Public Consultation” or by fax at +603 2272 1692 on or before 18 May 2018. The hardcopy of the Feedback Form can also be sent to the mailing address mentioned below on or before 18 May 2018.

SUBMISSION OF THE COMMENT:
Forward the comments directly to [email protected]

Download     Draft of Guidelines on Intellectual Property Rights and Competition Law