Konkurencja a ochrona autorskich dóbr intelektualnych w Unii Europejskiej. Wybrane zagadnienia na tle orzecznictwa Trybunału Sprawiedliwości
Competition and protection of intellectual property in the European Union. Selected issues of the European Court of Justice rulings

Summary/Abstract: The subject of this article is a critical review of the Court of Justice of the European Union (CJ EU) decisions in the area of copyright and antimonopoly law. Its aim is to clarify the most important issues and to present the development of the ruling practice. In light of the CJ EU case law the determination of the conditions and procedures for granting the protection of an intellectual property right is a matter of national law. However, in exceptional circumstances the exercise of an exclusive right classified by national law as „copyright” may involve abusive conduct and may be subject to EU antimonopoly law. The CJ EU attempts to clarify the notion of „exceptional circumstances” is a subject of critical review. Next, the study discuss the rationale for potential restrictions of competition between the undertakings active on the internal market. The CJ UE stated that certain restrictions on free trade and competition may by justified by high and risky investments that – in the opinion of the Court – are vital for the development of creativity Moreover, CJ EU pointed out that it is necessary to consider both the specific nature of intellectual property and the diverse cultural and socio-economic context of the copyright trade in each Member State.

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