ÚPRAVA VZÁJOMNÉHO VZŤAHU PRÁVA DUŠEVNÉHO VLASTNÍCTVA A SÚŤAŽNÉHO PRÁVA V SLOVENSKOM A ČESKOM PRÁVNOM PORIADKU S DÔRAZOM NA OBLASŤ ZNEUŽÍVANIA DOMINANTNÉHO POSTAVENIA
Relationship between intellectual property law and competition law in the Slovak and Czech legal order with emphasize on the practice abuse of dominant position
The contribution deals with relationship between IPR´s and Competition Law in the legal order of both Slovak and Czech Republic. The first part of the contribution deals with common questions related to the mutual relationship between mentioned law disciplines. The second part aims to analyse the mutual relationship between IPR´s and Competition Law in Slovak legal order with main focus on abuse of dominant position as well as essential facility doctrine. The most significant case law of the Antimonopoly office of the Slovak Republic within this field are also being analysed within this part. The third part focuses on the mutual relationship between IPR´s and Competition Law in Czech legal order, providing critical analyses of current stage of rules related to essential facility doctrine. The current stage of legal order is arousing question, whether the current legal position of owners of IP right according to Czech legal order is sufficient to protect their rights related to their ownership. Out of provided analyses is being seen, that Slovak as well as Czech legal order -despite some problematic points -are similar and fully harmonised with EU law. The fourth part aims to provide final conclusion and possible advices into the future, how the legal orders should deal with the interaction and relationship between both legal disciplines.
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