Competition Law and Intellectual Property Rights: Is the Property Rights’ Approach Right?

2006 ◽  
Vol 8 ◽  
pp. 153-186 ◽  
Author(s):  
Ioannis Lianos
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Economic Welfare ◽  
Contentious Issue ◽  
Ec Competition Law ◽  
Exclusive Right

The intersection between competition law and intellectual property has been a contentious issue since the very beginnings of European Communities (EC) competition law. Both intellectual property and competition law pursue the aim of enhancing economic welfare and innovation, but their direct objectives seem to be in conflict. Whereas intellectual property focuses on the reward of inventive effort and the inventor’s incentives to innovate by conferring an exclusive right on the use of the invention, competition law emphasises the dissemination of innovation by ensuring diffusion and access.

Competition Law and Intellectual Property Rights: Is the Property Rights’ Approach Right?

2006 ◽  
Vol 8 ◽  
pp. 153-186
Author(s):  
Ioannis Lianos
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Economic Welfare ◽  
Contentious Issue ◽  
Ec Competition Law ◽  
Exclusive Right

The intersection between competition law and intellectual property has been a contentious issue since the very beginnings of European Communities (EC) competition law. Both intellectual property and competition law pursue the aim of enhancing economic welfare and innovation, but their direct objectives seem to be in conflict. Whereas intellectual property focuses on the reward of inventive effort and the inventor’s incentives to innovate by conferring an exclusive right on the use of the invention, competition law emphasises the dissemination of innovation by ensuring diffusion and access.

The Interface of EC Competition Law and Intellectual Property Rights: the Essential and the Creative

2005 ◽  
Vol 7 ◽  
pp. 189-210
Author(s):  
Imelda Maher
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Compulsory Licensing ◽  
Freedom Of Contract ◽  
Starting Position ◽  
European Court ◽  
Ec Competition Law ◽  
The Relationship

This article uses the issue of compulsory licensing of copyright to explore the relationship between intellectual property law (specifically copyright law) and competition law in the EU. It takes as its starting position the proposition that competition law is the ultimate restraint on the monopoly potential of intellectual property with intellectual property rights (IPR) located in competition law. However, it argues that it is too simplistic to cast the approach of the European Court of Justice (ECJ) in the IMS case purely as one of competition law being allowed to trump copyright. Instead, it sees the judgment as an example of doctrinal compromise for both legal subsystems with competition law placing limits on the invocation of copyright as the basis for a refusal to deal, while suggesting a remedy in the form of compulsory licensing which runs contrary to its conceptual roots in private law and notions of freedom of contract.

The Interface of EC Competition Law and Intellectual Property Rights: the Essential and the Creative

2005 ◽  
Vol 7 ◽  
pp. 189-210
Author(s):  
Imelda Maher
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Compulsory Licensing ◽  
Freedom Of Contract ◽  
Starting Position ◽  
European Court ◽  
Ec Competition Law ◽  
The Relationship

This article uses the issue of compulsory licensing of copyright to explore the relationship between intellectual property law (specifically copyright law) and competition law in the EU. It takes as its starting position the proposition that competition law is the ultimate restraint on the monopoly potential of intellectual property with intellectual property rights (IPR) located in competition law. However, it argues that it is too simplistic to cast the approach of the European Court of Justice (ECJ) in the IMS case purely as one of competition law being allowed to trump copyright. Instead, it sees the judgment as an example of doctrinal compromise for both legal subsystems with competition law placing limits on the invocation of copyright as the basis for a refusal to deal, while suggesting a remedy in the form of compulsory licensing which runs contrary to its conceptual roots in private law and notions of freedom of contract.

scholarly journals HAK CIPTA SEBAGAI SUATU OBJEK JAMINAN FIDUSIA

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Luh Inggita Dharmapatni
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Economic Value ◽  
Economic Rights ◽  
Exclusive Right

Copyright is the exclusive right of the creator that arise automatically based on the principle of declarative after an invention is embodied in a tangible form without prejudice to the restrictions in accordance with the provisions of the legislation. Copyright can be used as the object of fiduciary cause it has an economic value. Creditors are willing to give the debt to the debtor, if debtor can provide wealth to ensure smooth payment of debts. The object of fiduciary is not controlled by the creditor, but remains dominated by the debtor. There is no physical delivery of goods, only the economic rights of copyright can be transferred. Copyright may be encumbered by fiduciary guarantee provided that the encumbrance be put not over the copyrighted work, but on its economic value. In order to be secured under fiduciary claim, copyright must be registered with the Cirectorate General of Intellectual Property Rights

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