Atsisakymo sudaryti licencinę sutartį vertinimas pagal konkurencijos teisę.
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The article deals with the issues of refusal to grant a licence and compulsory licensing, which are relevant both for the competition law, and the intellectual property law. It is attempted to answer the question if the proprietor of intellectual property rights, holding a dominant position on the relevant market, is absolutely free to refuse to license, and in what cases refusal to grant a licence may be considered as an abuse of a dominant position. The problem issues of a refusal to license have not been analyzed in Lithuanian legal doctrine. The topic has been thoroughly analyzed by European Union scholars, though some new aspects of the topic have not yet been deeply analysed. This article touches on these issues. By applying the methods of comparison, systemic analysis, historical and linguistic methods the authors of the article analyze the case-law of the ECJ and CFI and the decisions of Commission, which were determinative for the formation of the "exceptional circumstances" doctrine. The authors conclude that the case-law of the EC courts and the Commission is inconsistent, controversial and insufficient for the formation of clear and unambiguous notions of the doctrine [...]
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