scholarly journals Comments of the Max Planck Institute for Intellectual Property and Competition Law on the Proposal for a Directive of the European Parliament and of the Council on Collective Management of Copyright and Related Rights and Multi-Territorial Licensing of Rights in Musical Works for Online Uses in the Internal Market COM (2012)372

2013 ◽  
Vol 44 (3) ◽  
pp. 322-350 ◽  
Author(s):  
Josef Drexl ◽  
Sylvie Nérisson ◽  
Felix Trumpke ◽  
Reto M. Hilty
Keyword(s):  
Intellectual Property ◽  
Competition Law ◽  
European Parliament ◽  
Internal Market ◽  
Max Planck ◽  
Collective Management ◽  
Musical Works

Article 118 TFEU

2019 ◽  
Author(s):  
Manuel Kellerbauer
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
European Parliament ◽  
Internal Market ◽  
Legislative Procedure ◽  
The Creation ◽  
Ordinary Legislative Procedure

In the context of the establishment and functioning of the internal market, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish measures for the creation of European intellectual property rights to provide uniform protection of intellectual property rights throughout the Union and for the setting up of centralised Union-wide authorisation, coordination and supervision arrangements.

scholarly journals License agreements: segmentation within the international market of seeds

2017 ◽  
pp. 19-45
Author(s):  
Lina María Díaz Vera
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
International Market ◽  
Internal Market ◽  
The Self ◽  
International Consensus ◽  
Market Chain ◽  
License Agreements

The self-replicating nature of seeds poses a challenge for the traditional configuration of Intellectual property rights, as it overlooks the boundary that prevents amateurs from replicating the technology embedded on it. The territorial scope of IP rights and the lack of an international consensus regarding the exhaustion of IP right aggravates the issue. This loophole enhances the segmentation of markets through license agreements of patents and plant varieties which multinationals employ to drag resources all along the market chain, by demanding payment of fees to each shackle. This might constitute an infringement of Competition Law regimes which is undertaken differently according with the tradition of each country but always with the aim of protecting the well-functioning of their internal market.

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

2018 ◽  
Vol 114 ◽  
pp. 569-580
Author(s):  
Aleksander Maziarz
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Dominant Position ◽  
Collective Management ◽  
The Creation ◽  
Abuse Of Dominant Position

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

scholarly journals Directive (EU) 2019/1 as Another Brick into Empowerment of Slovak Market Regulator

2019 ◽  
Vol 12 (19) ◽  
pp. 149-171
Author(s):  
Hana Kováčiková
Keyword(s):  
Conflict Of Interest ◽  
State Of The Art ◽  
Competition Law ◽  
European Parliament ◽  
Internal Market ◽  
The State ◽  
Member States ◽  
Proper Functioning ◽  
Legal Challenges

The paper analyses the legal challenges brought to the Slovak competition law by Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market. The author selected particular issues from Slovak competition law and compares the state-of-the-art national situation with corresponding parts of this harmonising act. In the paper, specific attention will be given to compliance with safeguards, to the regulation of conflict of interest, to the examination of the effectiveness of enforcement, and to the possibilities of undertakings to avoid their responsibility for the breach of competition law. As the Member States have time for the transposition until 4 February 2021, this paper may initiate the debate on what to improve in Slovak legislation to achieve the goals set in this Directive.

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