Konkurencja a ochrona autorskich dóbr intelektualnych w Unii Europejskiej Wybrane zagadnienia na tle orzecznictwa Trybunału Sprawiedliwości

The subject of this article is a critical evaluation of application of competition law to the undertakings active on the copyright market. The study focuses on the conduct of the collecting organizations of copyright. Its aim is to present new aspects and methods that need to be considered in analyzing the market position of national collecting organizations. The clarification of the main problem is preceded by examination of the notion of dominant position as defined in Polish antimonopoly law. Next, the article address the implications of cross-border online copyright trade on the evaluation of the market position of national collecting societies. Further considerations argue for an integrative approach that give attention to the dynamic factors of competition and highlights public interest issues.. In this regard the claim is that the development of competition on the copyright market has to sustain the objectives of intellectual property regulations. The author point out that ratio legis of copyright law is anchored in the Constitution, that determine the need for balancing the individual and public interest in respect to the creative activity.