OTÁZKY UPLATNITEĽNOSTI DOKTRÍNY UNIKÁTNEHO ZARIADENIA NA PRÁVA NA PREDMETY DUŠEVNÉHO VLASTNÍCTVA

The contribution deals with some basic thoughts on application of the essential facility doctrine as a part of competition law on the area of intellectual property law. It analyses most important case law of the EC courts and European Commission, especially the Microsoft case and aims to provide an answer on the question, whether it is under certain conditions possible to consider intellectual property rights as an essential facility. Attention will also focus on the arguments which will be in the favour/in contrary of such application of the essential facility doctrine as well as on possible results of such application. The contribution also presents two arguments, which can be in favour of application of essential facility doctrine on the field of the intellectual property law. A possible existence of networks effects and questions related to potential influence of exclusive rights, which holds the dominant undertakings, on the innovative process shows, that there might certain situations exist, in which it would be reasonable to allow broader access to intellectual property rights. Those arguments nevertheless do not provide enough persuasive reason for application of essential facility doctrine on the field of intellectual property rights.