Independent thesis Advanced level (professional degree), 20 credits / 30 HE credits
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
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.
2013. , 73 p.
European Union, Intellectual Property Rights, Article 102 TFEU, Abuse of a dominant position
Domeij, Bengt, Prof.