Innovation in medical biotechnology: Mapping the intersection of intellectual property and competition law

Intellectual property and competition law are often perceived as being in conflict. This is evidenced by a lengthy struggle to identify an appropriate balance between these areas of law. While it is generally recognised that the two bodies of law are reconcilable, areas of difficulty persist. New technologies have given rise to novel challenges at the intersection of intellectual property and competition law. One industry that possesses the distinctive traits of a high technology industry is medical biotechnology. This industry is highly innovative and, increasingly, industry participants are seeking to commercialise their research results through patenting. This has resulted in an industry that relies heavily on patent protection. This article seeks to consider in broad terms the role that competition law should have in promoting innovation in medical biotechnology, and how this role should be reconciled with the function of patents in this industry.