Browsing by Author "Cedric Kiwanuka"

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    A Comparative Study of International Best Practices Employed in Striking a Balance Between the Functionality of Competition Law and Protection of IP as they Operate within the market Place.
    (Uganda Christian University, 2025-05-31) Cedric Kiwanuka
    The contemporary global economy is fundamentally shaped by the intricate yet subtle relationship between IP rights and competition law. These two legal disciplines may seem to have different goals at first, but they are actually two sides of the same coin that drive innovation and economic growth. Intellectual property, which includes patents, copyrights, and trademarks, gives creators and innovators exclusive rights. These exclusive rights create limited monopolies designed to incentivise research, development, and creative output. On the other hand, competition law, also known as antitrust law, tries to stop monopolistic abuses and anti-competitive practices. It does this by making sure that the market is fair for all competitors, encouraging lower prices, and giving consumers more options. The main goal of both IP rights and competition law is to improve consumer welfare and boost economic growth. But in practice, the exclusive rights that come with IP rights can give certain market players a lot of market power, which can lead to higher prices and make it harder for new competitors to enter the market. The challenge for legal authorities is managing the delicate balance between enforcing IP rights and ensuring fair competition. This paper undertakes to carry out a comparative study of international best practices in striking this crucial balance. The goal of this research is to show how important this issue is to Uganda as a developing economy and to identify which international best practices may be adopted and effectively applied to the Ugandan context.