Ekonomiczne uzasadnienie dopuszczalności przełamywania monopolu patentowego
Economic Justification of Possibility to Limit Patent Monopoly

Summary/Abstract: The protection of intellectual property is mainly realized with legal monopolies. There are some circumstances, when law gives the permission to exclusion. In the area of industrial property law there are compulsory licenses and the activity of standardization organizations. The social grounds of their existence is obvious. However, it is necessary to indicate their economic legitymacy, because they weaken the motivation for inventive activity. Therefore, compulsory licences and the activity of standardization organizations could deny the fundamental purpose of patent existence. The aim of this text is to analyse compulsory licences – both their basic form, which is created by decisions of administrative authorities (mostly in pharmaceutical branch), and the variant, where the compulsory license is the result of the standardization organization activity (it appears in telecommunication and informatics). This research is made within law and economics framework.

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