In Re (#04 April 2014)

Refusal to License IPRs under Ukrainian Competition Law

by Sergiy O. Glushchenko

Intellectual property (IP) laws confer exclusive rights on holders of patents, copyright, design right, trademarks and other legally protected rights (IPRs). The rationale behind this exclusivity is that those who produce intellectual goods are not sufficiently awarded or incentivized to innovate, unless they benefit from the right to prevent others from using their innovations. On the other hand, exploitation of intellectual asset sometimes goes beyond the boundaries provided by IP laws and amounts to anti-competitive conduct that chills innovation, hinders long-run consumer welfare and thus requires intervention of competition law…

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