Brevetele esenţiale pentru standard: câteva aspecte de dreptul concurenţei
Standard-essential patents: a few aspects related to competition law

Summary/Abstract: The paper aims to make a general presentation of some of the interactions between Intellectual Property Law and Competition Law focusing on the case of patent rights and their effects on the qualification of their owner’s position under the provisions of art. 6 of the Competition Law and art. 102 TFEU. In order to highlight these interactions we chose to individualize the case of standard essential patents, in what these are concerned the interactions being more evident, documented in both literature and practice and also of great current interest. Starting with the delineation of the constitutive elements of the abuse of dominance, the paper identifies how these apply to patents, how these are potentiated in what concerns standard essential patents and what are the effects of the application, in what these are concerned, of the rules regarding abuse of dominance.

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