The first part of the research project deals with general questions related to relationship between intellectual property law and competition law. In addition, theories developed over the relationship between IP rights and competition law are presented.
Regarding research results, the abstract conclusion that the protection of intellectual property and the protection of competition is of the same goal should be proved in individual concrete cases. Out of these cases it should be also derived basic rules of solving the relationship between both of them. The core question that the national legal and regulatory systems should always take into account is the proper balance between both systems of law; to balance the benefits for consumers who could profit from lower prices and the benefits of technology innovation in the future.
The second part focuses on the relationship between IP rights and competition law out of EU law perspective. Current state of conflict is being analysed, with the aim to provide a detail analyse of possibility to breach the competition rules by exercising IP right. Borders of the assessment of the influence of intellectual property laws on the internal market and possibility to constitute a dominant position, essential facility doctrine and the possible abuse of dominant position by the activities of collective management of copyright are examined. Most significant case law of EU courts regarding these questions are being assessed in detail.
The third part focuses on the relationship between both of them out of national law perspectives of the V4 member countries. The comparative analyses of the legal orders of the Visegrad group member countries is being made, including development of the view on mutual relationship between IP rights and competition law after the political change in the 1989 and influence of EU law on the legal orders in connection with the need of harmonization of national law.
