Abuse of dominant position by means of the Intellectual Property Rights

The subject of this study is, deciding on which anticompetitive conditions should be considered as abuse of dominant position by means of the intellectual property rights.In European Community and Turkish Law, there are various conditions shall accrue at the same time, in order to state that there is the abuse of dominant position by means of the intellectual property rights.In the mentioned study, the use of intellectual property rights on both European Union and Turkish competitive law, in case of person or company who own the property rights dominating the market, it is identified that there are circumstances to be considered as abuse of dominant position.On the other hand, comparative analysis has been made with EC competitive law for the development of Turkish competitive law.In the first chapter of this study, intellectual property rights were defined and how they are regulated both in the EU Law and International Conventions was discussed.In the second chapter, the concept of abuse of dominant position, the conditions necessary for abuse of dominant position and the circumstances regarding the abuse of dominant position were discussed.Lastly in the third chapter, the abuse of dominant position by means of the intellectual property rights was examined initially in EU regulations, afterwards the regulations in Turkish Law were considered. By this way, the subject of the thesis was studied by making comparison on both Turkish Law and EU Law.Key Words1.Dominant Position2.Intellectual Property Laws3.Competition4.Brand and Patent5.Relevant Market