THE THEORY OF ESSENTIAL FACILITIES. THE PRINCIPLE OF ACCESS TO INVENTION IN CASE OF ABUSIVE REFUSAL TO LICENSE

Abstract

Essential facilities designate specific inputs which are essential for the production of other downstream goods. Inputs are situated upstream and so are eligible for intellectual property protection. In order to foster competition in the downstream, holders of these inputs should be forced to give access to potential users, by offering them operating lidcenses. In other words, one must respect the exclusive right of intellectual property holder to freely exploit his invention or must he be sacrificed in favor of downstream competition ? In the present analysis we intend to analyze some of either controverted or less known judicial aspects related to the theory of essential facilities.

Keywords

• compulsory licenses
• essential feature
• dominance
• abuse
• input
• effective competition.