"September 1999" / Also available via the World Wide Web.

This Master thesis named "Relationship between Competition Law and Intellectual Property Law", deals with the interface between competition law and intellectual property law in the context of European Union law. In the beginning of this thesis authors briefly introduce both legal disciplines and explain their most important terms and goals. The thesis is further divided into three main topics. Firstly, we elaborate on theoretic relationship between competition law and intellectual property in regard to their values, aims and methods of regulation. Then we dive into the issue of conflict of nationally regulated intellectual property law with the internal market and the freedom of movement of goods and services. The second thematic part clarifies the difference between market power and statutory monopoly that is granted to the owners of intellectual property. We analyse the specific issues of finding dominant position of competitors owning intellectual property. Then we examine individual types of behaviour that are considered to be abusive in the context of intellectual property law. Special focus is given to the issue of refusal to licence intellectual property that falls within the definition of essential facility doctrine. Lastly, we concentrate on cartel agreements in the context of intellectual...

Thesis (doctoral)--Universite de Geneve, 2006. / Includes bibliographical references (p. 497-539) and index.

Thesis (doctoral)--Université de Genève. / Includes bibliographical references (p. 301-317) and index.

Competition law aspects of technical standardization, use and protection of intellectual property rights Abstract The thesis deals with mutual relationship between intellectual property law and competition law in the context of technical standardization - i.e. process which gives rise to a significant number of potential conflicts between the two legal areas. It is analysed, in the context of technical standardization, in what way are subjective rights of intellectual property right owners limited by competition law regulation. It falls within the ambit of this thesis to evaluate whether respective legal framework fulfils necessary requirements on legal certainty and whether it is applied in the same manner to each undertaking, or if there are any discrepancies as to the application of the legal framework dependent on the kind of the undertaking. This thesis particularly concerns with competition law aspects of standardization in information and communication technology sector and selected issues related to use or protection of intellectual property rights in connection to article 101 and 102 TFEU. First chapter explains what the term technical standard entails, introduces de facto and de jure standards, describes the process of their creation and analyses potential effects of this process on the...