This paper investigates the choice of an intellectual protection regime for a process innovation. We set up a multi-stage model in which choosing between patent and trade secrecy is affected by three parameters : the patent strength defined as the probability that the right is upheld by the...

This paper investigates the choice of an intellectual protection regime for a process innovation. We set up a multi-stage model in which choosing between patent and trade secrecy is affected by three parameters : the patent strength defined as the probability that the right is upheld by the...

This article shows how European courts have managed tensions between antitrust and intellectual protection in three areas: (1) Parallel imports and market segmentation; (2) Refusals to supply essential inputs protected by patents and copyrights; (3) Forms of conduct by copyright collectives.