Copyright and Abuse of Dominant Position in EU - Intersection Between Copyright Law and Abuse of Dominant Position in Situation of Refusal of License

Sammanfattning: Where intellectual property such as copyright, patent, industry property and design etc., focuses on the rewards of creative and inventive effort of IP owners and the rightsholders. Indeed, copyright of intellectual property provides and promotes an exclusive economic right to owner who creates any work, protected by the legal right under EU copyright law. The competition law promotes healthy competition by restricting any anti-competitive agreements, abuse of dominant position, state aid and mergers. Article 102 TFEU prohibits any kind of interference from a dominant undertaking for the refusal to grant a license. The undertaking or undertakings distort market by refusing to grant license/supply, price fixing, excessive price, predatory price cartels, and tying/bundling which are distort and unfair in the relevant market and creates weak and reduction competition in the common markets. In the context of refusing licensing and supply under copyright and abuse of dominant position of area of laws make intersection. The interface between copyright of IPR and Competition law is an ongoing issue from the beginning of competition law and their direct objectives seem to be in conflict too. However, copyright intellectual property and competition law pursue the aim of enhancing economic welfare and innovation.