Nadużycie pozycji dominującej przez wykonywanie praw własności intelektualnej w prawie konkurencji Unii Europejskiej

Abstrakt

ABUSE OF DOMINANT POSITION IN RELATION TO INTELLECTUAL PROPERTY RIGHTS IN EU COMPETITION LAW

The exercise of intellectual property rights may be contrary to the competition law. The role of first mentioned law is to protect the interests of their owners from unauthorized use by competitors, which naturally leads to the creation form of monopoly. Competition law is aimed at countering monopolies and thereby responding to the restriction of competition, which may also be a result of exercise of intellectual property rights. The publication analyses in what way such rights can abuse dominant position. In particular it will focus on such practices as refusing to grant a license, denying access to a key device or abusing collective management of intellectual property rights. The publication will try to determine conditions which qualify exercise of intellectual property rights as abuse of dominant position.