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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)

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Kralickova B.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2010

vol. 93

issue 4

390-398

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.

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1 Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

1 Kralickova B.

1 2010

Search results

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)