LISENSI HAKI DALAM KAEDAH NORMATIF ANTI MONOPOLI
Abstract
E
ssentially, anti-monopoly and intellectual property are properly per
ceived as complementary bodies of law that work together to bring
innovation: anti-monopoly laws protect robust competition in the mar-
ketplace, while intellectual property laws protect the ability to earn a return
on the investments necessary to innovate. The conflicts of both regimes potentially
exist, such as when unilateral refusals
to license, sell, use, or share
intellectual
property
rights by dominant firms affect the dynamics of competition.
On
the one hand, the legal monopoly based upon intellectual property
laws
gives
the owner the right to exclude third
parties from
the protected
asset,
subject
only to the exceptions established for various purposes by the relevant
domestic
and international laws. On the other hand, when the legal monopoly
impacts
on market competition, anti-monopoly law enforcement
can outlaw or
limit
the exclusivity and serve as the grounds
for a compulsory license order.