Abuse of intellectual property rights and barriers to market entry
Keywords:
Abuse; Competition law; IPRs; Barriers
Abstract
Before joining the competition in a market, a firm has to be initially able to enter it. However, market barriers could make it more difficult for a firm to enter into a certain market. These may include technology challenges, legal provisions, start-up costs, or licensing requirements of the proprietors (especially for patents) those negatively affect the competition environment. This paper comes to conclusion that intellectual property rights (IPR) abuse may be considered as such barriers to entry as well as figures out the principles to identify the illegality of market entry barriers stemming from abusing IPRs in relation with Competition Law.