Intellectual property rights confer a lawful exclusivity, but the arrangements built around them, exclusive licences, territorial restrictions, tying and bundling, and the conduct of a business with a strong market position, are assessed under a separate framework. The Competition Promotion and Market Protection Act 2063 governs that assessment, and an agreement that is perfectly enforceable between the parties can still raise questions under it.
We advise on structuring licensing, distribution and franchise arrangements so they achieve their commercial purpose without creating unnecessary exposure, and we advise where a client’s own market conduct, or a competitor’s, raises a genuine concern. Alongside this we advise on the consumer-facing side of the same commercial decisions: how a product is described, what is claimed about price, quality or performance, and what follows from that under the Consumer Protection Act 2018.
The two questions usually arrive together, so we assess them together rather than in sequence. This work sits closely alongside our licensing, contractual IP and advertising practices.