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.