| Abstract [eng] |
This master's thesis analyzes the topic of the intersection of patent law and competition law, examining the significant legal acts, the conclusions made by scientists in the doctrine, and the interpretations provided in the case law. The intersection of these two legal systems is primarily revealed through the provisions of the Constitution of the Republic of Lithuania and the Treaty on the Functioning of the European Union and the relevant case law on the interpretation of these provisions. When assessing the objectives of patent law and competition law, it is clarified what means are used to achieve them and how these means are correlated with each other. The thesis analyzes the basis for the application of competition law provisions to the implementation of inventors' exclusive intellectual property rights and how this may affect the promotion and development of future innovations. The analysis of specific cases allows to form an opinion and draw conclusions regarding the conditions, limits and issues of competition law intervention to patent law. Analyzing the conclusions made by different authors in the doctrine, a comprehensive assessment of the specific situation and the intersection of patent law and competition law is provided. Additionally, in order to address a dynamic approach to the intersection of these legal systems, different approaches and theories to the solution of this intersection is analyzed. After discussing this, a possible alternative solution to the intersection of patent law and competition law is proposed. |
