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Lost in translation: The assessment under Article 102 TFEU in relation to intellectual property rights
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2013 (English)Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

Intellectual property rights have a firm place within the European Union. Measures are

taken to assure that such rights are secured and protected. Such rights are said to foster

innovation, creation, competition and consumer welfare. EU competition law carries the

same objectives.

Yet, at the very same time, case law on EU competition law and the assessment

under Article 102 - TFEU regarding abuse of a dominant position, indicates a failure to

take notion of the rights of the intellectual property rights holder, and rather views the

possession of such a right, and exploitation, in itself as an abuse, and a monopoly.

Seemingly such handling of the matter creates a clear discrepancy between the two

legal fields and creates an uncertainty with regards to when the exercise of an IPR, by a

dominant undertaking, amounts to an abuse.

Place, publisher, year, edition, pages
2013. , 73 p.
Keyword [en]
European Union, Intellectual Property Rights, Article 102 TFEU, Abuse of a dominant position
National Category
Law and Society
URN: urn:nbn:se:uu:diva-201086OAI: oai:DiVA.org:uu-201086DiVA: diva2:625907
Educational program
Law Programme
Available from: 2013-06-19 Created: 2013-06-05 Last updated: 2013-06-19Bibliographically approved

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