The Assessment of a Refusal to Conclude a Licensing Contract Under the Competition Law
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Abstract
The article deals with the issues of refusal to grant a licence and compulsory licensing, which are relevant both for the competition law, and the intellectual property law. It is attempted to answer the question if the proprietor of intellectual property rights, holding a dominant position on the relevant market, is absolutely free to refuse to license, and in what cases refusal to grant a licence may be considered as an abuse of a dominant position. The problem issues of a refusal to license have not been analyzed in Lithuanian legal doctrine. The topic has been thoroughly analyzed by European Union scholars, though some new aspects of the topic have not yet been deeply analysed. This article touches on these issues.
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
