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ARTICLE · 29 AUGUST 2024

Monopoly And Fair Competition – Learn The Principles Of Creating Contracts

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In times of rapid technological progress and an economy based on information and knowledge, two autonomous legal concepts play a significant role in shaping business environment, concepts which may

PolandAntitrust/Competition Law

In times of rapid technological progress and an economy based on information and knowledge, two autonomous legal concepts play a significant role in shaping business environment, concepts which may seem to be contradictory: intellectual property law and competition law. The first one protects investments, progress and innovations by granting the entitled person an exclusivity, i.e. a legal monopoly to use their products or solutions, in specific territories (most often in specific countries). The second one, as a public law, protects the free and competitive market.

The existence of a monopoly in any form, including a monopoly on intellectual property goods, stays in fundamental conflict with basic objectives and priorities of competition law. Because of them, on a monopolistic market, competition becomes significantly limited, if not completely excluded. On the other hand, the aim of both areas of law is in fact the effective allocation of resources and the promotion

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