Abuse of Exclusive Right

The prohibition of abuse of exclusive right is the most important mechanism to ensure a balance of rights and legitimate interests of intellectual property holders and other market participants, society and the state. Nevertheless, the legislation, the doctrine and judicial practice has not yet developed a unified definition of abuse of the exclusive right, nor clearly defined criteria for qualifying the actions of the intellectual property holder as an abuse of the exclusive right. The unified approach developed in the work can serve as a guide for the courts, and also contribute to the formation of legal certainty both for copyright holders - on the permissible limits for the execution of their exclusive rights - and for other persons whose rights and legitimate interests are affected such an execution - about the possibility of protecting their rights.