Intellectual Property Rights and Abuse of Dominant Position: A Legal Analysis

Abstract

The intersection of intellectual property rights (IPRs) and competition law has become a critical area of legal scrutiny, particularly in markets dominated by technology-intensive firms. While IPRs grant exclusive rights to incentivize innovation, their misuse can facilitate anti-competitive practices that harm market efficiency, restrict access to essential technologies, and undermine consumer welfare. Practices such as refusal to license, tying and bundling, excessive royalty demands, and strategic patent accumulation can constitute abuse of a dominant position, raising complex legal and economic questions for regulators and courts.

This study provides a comprehensive legal analysis of the abuse of dominant position in the context of intellectual property rights. It examines doctrinal frameworks and judicial precedents in major jurisdictions, including the European Union, the United States, and emerging economies, highlighting the balance between protecting innovation incentives and preventing anti-competitive conduct. Special attention is given to standard-essential patents (SEPs), FRAND licensing commitments, and the role of competition authorities in monitoring IP-related abuses in high-technology and digital markets.

Through comparative legal and policy analysis, the paper argues that a nuanced approach is essential to reconcile the exclusivity granted by IPRs with the objectives of maintaining competitive markets. It recommends clearer guidelines for licensing practices, harmonized international enforcement, and integration of economic analysis into legal assessments to ensure that intellectual property rights promote innovation without enabling market dominance abuse.