Rekabet Hukuku Ve Fikri Mülkiyet Hukuku Arasındaki İlişki Kapsamında Patent

Abstract

Intellectual property law gives anti-competitive rights to the owner of the right, which gives monopolistic authorisation that can only be used by the owner of the right or the person who is authorized by the owner. On the other side, competition law prohibits monopolisation and cartelization with the purpose of establishing competition environment and continuity of the competitive system. Therefore, it could be said that intellectual property rights that have a characteristic of monopoly are in conflict with the fundamental principle of the competition law. However, according to the opinions in doctrine, the conflict between competition law and intellectual property law does not come from acquisition of the intellectual property rights. The conflict can be constituted if the intellectual property right is used with the aim of the distortion of the competition. With regard to patent, in order to resolve the conflict, compulsory licensing and in this direction essential facilities doctrine and also principle of exhaustion are regarded as solution. In addition, by the way of the pay-for-delay agreements, patent is used with the aim of the abuse of the dominant position.