competetive analysis of discriminative pricing and intellectual property rights.

نویسندگان

سید حسین صفایی

استاد، گروه حقوق، دانشگاه آزاد اسلامی، واحد علوم تحقیقات، تهران، ایران وحید حسنی سنگانی

دانشجوی دکتری حقوق خصوصی، دانشگاه آزاد اسلامی، واحد علوم تحقیقات، تهران، ایران

چکیده

pricing of goods and services are one of the fundamental instrument of competition and prerequisite for a competetive market is the right to determine prices freely by undertakimgs. competition law has declared discriminative pricing as an anticompetetive practices in many jurisdiction while analysis specially in the scope of intellectual property rights shows that many form of price discrimination dont have destructive effects on competition but cause increase of walefare and efficiency and their benefit are more than their detriments. in the field of intellectual property, legal systems such as eu,usa and iran take different approaches.

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