THE THEORY OF ESSENTIAL FACILITIES. THE PRINCIPLE OF ACCESS TO INVENTION IN CASE OF ABUSIVE REFUSAL TO LICENSE
Journal Title: Challenges of the Knowledge Society - Year 2015, Vol 5, Issue 0
Abstract
Essential facilities designate specific inputs which are essential for the production of other downstream goods. Inputs are situated upstream and so are eligible for intellectual property protection. In order to foster competition in the downstream, holders of these inputs should be forced to give access to potential users, by offering them operating lidcenses. In other words, one must respect the exclusive right of intellectual property holder to freely exploit his invention or must he be sacrificed in favor of downstream competition ? In the present analysis we intend to analyze some of either controverted or less known judicial aspects related to the theory of essential facilities.
Authors and Affiliations
Irina CUCER LISNIC
Keywords
Related Articles
- EP ID EP158744
- DOI -
- Views 121
- Downloads 0
USING THE SNOWBALL METHOD IN MARKETING RESEARCH ON HIDDEN POPULATIONS
Following the classical sampling theory, the researcher selects samples of people, businesses or others, in order to obtain the desired information. Drawing the samples is usually done by randomly selecting from a list r...
LEGAL TERMINATION IN PREVENTIVE MEASURES
This study will present the institution the legal termination of the preventive measures in light of the new code of criminal procedure, which on the one hand expanded the scope of preventive measures that can be taken a...
THE RECONFIGURATION OF THE JUDGE`S ROLE IN THE ROMANO-GERMANIC LAW SYSTEM
The role assigned to the judge varies from one legal system to another. In the Anglo-Saxon legal systems, in the context of the absence of an independent legislative body, judge is the one who creates law; his mission co...
THE ASSESSMENT METHODOLOGY PDCA/PDSA – A METHODOLOGY FOR COORDINATING THE EFFORTS TO IMPROVE THE ORGANIZATIONAL PROCESSES TO ACHIEVE EXCELLENCE
In the paper “The Assessment Methodology PDCA/PDSA – A Methodology for Coordinating the Efforts to Improve the Organizational Processes to Achieve Excellence” the authors present the basic features of the assessment meth...
THE ROLE OF THE INSTITUTE OF FISCAL CONSTITUTION IN THE SYSTEM OF PUBLIC BUDGETS IN THE CZECH REPUBLIC
In the long run, public budgets in a great majority of developed economies suffer from recurring deficits and an increasing public debt. However, the condition of public finace deteriorated even in times of economic conj...