Mwemba champions balanced approach to IP and competition in the digital Age at CARICOM workshop

July 2, 2025 in Business, Trade & Industry by Editor

Dr. Willard Mwemba, Chief Executive Officer of the COMESA Competition Commission (CCC), has called for stronger collaboration between competition authorities and intellectual property (IP) regulators to address emerging digital market dynamics and ensure fair business practices across borders.

Speaking July 1, at the opening day of a high-level regional workshop in Port of Spain, Mwemba presented two papers focused on the evolving interplay between IP and competition in digital platforms and franchising. The three-day workshop—jointly organised by the CARICOM Competition Commission (CCC), WIPO, and Trinidad & Tobago’s Fair Trading and Intellectual Property Offices—brought together competition and IP officials from across the Caribbean region and beyond.

In his presentation titled “Digital Platforms: Role of Competition and Intellectual Property Rights,” Mwemba underscored the dual role of IP and competition law: one to incentivise innovation, and the other to guard against market abuses. He warned that IP protections, if unchecked, could be weaponized by dominant players to restrict competition.

“Competition law despises monopolies. When enforced effectively, it drives innovation, expands consumer choice, and ensures a fair digital marketplace,” Mwemba said.

While acknowledging the benefits of digital platforms—such as expanded choice, convenience, and financial inclusion—he cautioned that unchecked market power, data control, and restrictive licensing practices risk undermining competition in the digital economy. He urged Caribbean agencies to work more closely with their African counterparts in developing adaptive regulatory models that reflect emerging realities.

His second presentation, “Franchising: What is the Impact of Licensing within the Competition Context?”, explored the regulatory treatment of franchise agreements under the COMESA framework. Mwemba pointed out that while franchising facilitates the spread of brands, business models, and IP-protected innovations, certain practices—such as exclusive territories, resale price maintenance, and long non-compete clauses—could have adverse effects on intra-brand and inter-brand competition.

“The line between protecting brand integrity and hindering market integration can be thin,” he noted, referencing the Heineken–Namibia Breweries–Distell merger, which was approved by CCC with conditions including the divestiture of the Strongbow cider brand.

Mwemba emphasized that even in jurisdictions where IP agreements are exempt from competition law scrutiny, abuse of IP rights could still trigger enforcement action—especially where market dominance or consumer harm is involved.

The workshop, themed “The Intersection Between Intellectual Property Rights and Competition Law in the CSME,” aimed to deepen understanding among CARICOM member states on licensing practices, cross-border enforcement, and market integration challenges. Participants included national competition authorities and IP offices from across the Caribbean, alongside development partners and regional stakeholders.

Trinidad and Tobago’s Minister for Legal Affairs, Hon. Hosein, described the event as timely and strategic, especially given the increasing complexity of innovation-driven markets.

“IP and competition law must work hand in hand. IP fosters creativity; competition ensures those ideas reach markets fairly,” Hosein said.

CARICOM Competition Commission Executive Director, Ms. Nievia Ramsundar, also highlighted the importance of regional integration and capacity building, pointing to CARICOM’s goal of harmonised policy implementation and stronger enforcement cooperation.

The CCC’s participation in the workshop stems from a 2022 MoU signed with CARICOM’s Competition Commission, which facilitates mutual learning, case collaboration, and joint market analysis in areas such as consumer protection, digital trade, and enforcement.

As global and regional economies evolve, the conversation at the Port of Spain workshop underscored one clear message: Effective regulation at the IP–competition nexus is vital to protect innovation, consumers, and regional trade goals.