Search academic texts

Information × Registration Number 0220U000188, 0119U001064 , R & D reports Title Investigation of the peculiarities of observance of the registered intellectual property right during the consideration of cases of violation of the legislation on the protection of economic competition popup.stage_title Head Virchenko V., Registration Date 22-01-2020 Organization Centre of Complex Researches in Competition Policy popup.description2 The paper analyzes theoretical and methodological foundations, institutional and legal bases and applied aspects of abuse of exclusive intellectual property rights by economic entities to strengthen market power, form market barriers, and create barriers to economic activity in other market participants in the case of individual cases of members of the European Union and the United States of America, and taking into account the European experience in establishing an effective regime for the protection of intellectual property in part obtaining principles of economic competition and preventing abuse of dominant position in the market. According to the results of the study of European legislation and case law in the EU Member States, a system of recommendations for establishing an effective regime of legal protection of intellectual property in the field of protection of economic competition by imposing administrative responsibility for abuse is developed; regulation of the processes of creation of patent pools by the rules of competition law within the framework of horizontal concentration; introduction of a compulsory licensing mechanism for companies that dominate the market and hold patents for key technologies in a particular field of activity; improvement of the mechanism of application of the customs register for protection of intellectual property rights; the introduction of a special pledge, which is introduced prior to the commencement of proceedings in the case of protection of intellectual property rights in order to counteract the patent troll's misuse of intellectual property rights. The developed recommendations can be used by the bodies of the Antimonopoly Committee of Ukraine in making decisions on the directions of formation and implementation of competition policy, in the consideration of cases of protection of economic competition, as well as in the preparation of methodological and informational materials for public authorities. Product Description popup.authors Вірченко В.В. Венцковський Д. Ю. Гончарук І.В. Каракулова І. С. Опанасенко Л.О. Потапова М.Ю. Савчук Н.В. popup.nrat_date 2020-04-02 Close