ПРИМЕНА КОМУНИТАРНОГ ПРАВА КОНКУРЕНЦИЈЕ НА ПРАВA ИНТЕЛЕКТУАЛНЕ СВОЈИНЕ
APPLICATION OF COMMUNITY COMPETITION LAW ON INTELLECTUAL PROPERTY RIGHTS

Summary/Abstract: There is an inherent tension between the exercise of intellectual property rights and the application of competition law, particularly in the European Community. An intellectual right may be described as a grant of legal monopoly, dispersed by the State, as a reward for, and incentive to, investment in the future. It is a form of property right. While competition law does not generally seek to condemn the existence of a monopoly or dominant position, it does seek to impose some constraint on the way in which a monopoly may be exploited or defended. Thus, both articles 81 and 82 of the EC Treaty may be applied to the exercise of intellectual property rights in the EC, which can be exploited so as to divide the common market. Other provisions of EC law, in particular those relating to the free movement of goods, may also be invoked to frustrate the use of intellectual property rights in this way.

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