'Abuse of Dominant Position in a Market by Enforcement of Intellectual Property Rights - Fiskars v. Mountfield'

摘要

1. A dominant position can only be found if the position of the proprietor of an intellectual property right is so strong that it enables the proprietor to preclude effective competition in the given market. This finding always requires an assessment of the economic situation which in the given case prevails in the relevant market, and consideration as to whether possibilities for substitution regarding the goods protected by the intellectual property right exist in this market. 2. An abuse of a dominant position by exercising trade mark rights can be assumed only if the exercising of rights is accompanied by certain exceptional circumstances as a result of which competition in the relevant market is suppressed.