PROTECTION OF THE COPYRIGHT VERSUS PROTECTION OF THE COMPETITION (NOT ONLY) IN THE VIEW OF EU COURTS' CASE LAW (Autorskopravna ochrana versus ochrana hospodarskej sutaze (nielen) vo svetle judikatury komunitarnych sudov)

• Authors: Kralickova Barbora
• Languages of publication: SK

Abstracts

EN

The aim of the article is to determine the common and distinct features in the relationship between the copyright law and competition law. In this point of view, those cases are stressed in the article, in which it can come to concurrence between both branches of law. The copyright law and intellectual property law as well, includes in itself an exclusivity, therefore the possible restrain of the competition in the market can not be precluded. In the article are emphasised those cases, when it can come to anticompetitive behaviour on the market and that by concluding agreements restricting competition or by abusing a dominant position on the market. Those cases are especially those, when contractual terms in the licences are able, after fulfilling special circumstances, to restrict the competition. Collective management organizations of copyright and related rights are also not allowed to perform those activities, which can lead to separation of the market. Effective disclosure of the anticompetitive behaviour is therefore an actual question in the context of EC law and Slovak legal system as well.

Keywords

EN

COLLECTIVE MANAGEMENT ORGANIZATIONS; COMPETITION LAW; COPYRIGHT LAW; INTELLECTUAL PROPERTY LAW

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2010
• Volume: 93
• Issue: 4
• Pages: 390-398
• Document type: ARTICLE

Contributors

author

Kralickova Barbora

• Mgr. Barbora Kralickova, Ustav prava dusevneho vlastnictva Pravnickej fakulty Trnavskej univerzity, Trnava, Slovak Republic

Identifiers

CEJSH db identifier

11SKAAAA096428