Guidelines on the Application of Competition Law to Intellectual Property Rights

Prior to 5 April 2023, the Commerce Act contained three limited exceptions for certain conduct in relation to intellectual property. From 5 April 2023, these exemptions were removed, meaning that all conduct relating to intellectual property is now capable of breaching the Act’s provisions prohibiting anti-competitive conduct.

To assist businesses to better understand the application of competition law to intellectual property following these law reforms, the Commission published Guidelines on the Application of Competition Law to Intellectual Property Rights.

Commerce Commission disclaimer: This document provides guidance only. It is not intended to be definitive and should not be used in place of legal advice.

Source: New Zealand Commerce Commission, https://www.comcom.govt.nz/assets/pdf_file/0017/312308/Intellectual-property-guidelines.pdf