ES KONKURENCIJOS TEISĖS EKONOMINIO POŽIŪRIO Į INTELEKTINĖS NUOSAVYBĖS TEISES PROBLEMOS

Abstract

A trend in litigation is rapidly emerging in the EU market, where the actions of holders of exclusive rights are restricted based on the existing economic approach of EU competition law to intellectual property rights. This fact presupposes the need to examine this economic approach and determine whether the actions of holders of exclusive rights are restricted disproportionately, without regard to the potential consequences of such restrictions and the existing benefits of intellectual property rights. This article addresses the problems of the economic approach of EU competition law to intellectual property rights, which make it highly likely that the current actions of holders of exclusive rights are restricted disproportionately at the expense of innovations in favour of the existing effective competition. This article also aims to develop an alternative and more dynamic economic approach of EU competition law to intellectual property rights, which could justify the actions of holders of exclusive rights not only in terms of elements relevant to EU competition law, but also in terms of the benefit of the existing system of intellectual property rights.