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It is often explained that tensions have arisen between competition law and intellectual property law due to the difference in purpose and nature between the two systems. A person who has intellectual property rights has not only legal rights to access intellectual property rights but also exclusive rights to claim royalties for intellectual property rights. Accordingly, tensions can arise between intellectual property laws and competition laws (and policies) that regulate abusive market power. It is noteworthy that the monopolistic loyalty of intellectual property owners differs from the concept of monopoly under the Fair Trade Act. As the number of cases of goods and services being protected by intellectual property rights has increased, two different regulatory systems have to be carefully considered. Recent legal debates have deepened from the viewpoint of co-existence and consistency of competition regulations and intellectual property rights. Many countries, including Korea, have proposed many theories and guidelines in pursuit of harmonious policies and law enforcement.

In order to balance competition law and intellectual property law, it is important to understand and accompany intellectual property protection in the context of competition law enforcement. To balance and harmonize the two regulatory systems, intellectual property rights and competition laws should be treated equally. Therefore, the stable relationship between the two regulatory systems will be maintained only after sufficient discussion. Based on this stability, the goals of two regulatory systems, which is to promote efficient competition and innovation, will be achieved.