What is an Intellectual Liability?

18 May 2017

An intellectual liability is a restriction on the enjoyment of an intellectual asset.  It can be an intellectual property right belonging to a third party or a limitation to the enforcement of an intellectual property right in circumstances where such enforcement cam amount to the abuse of a dominant position within the meaning of art 102 of the Treaty on the Functioning of the European Union as occurred in Joined cases C-241/91 P and C-242/91 P. Radio Telefis Eireann (RTE); and Independent Television Publications Ltd v Commission of the European Communities. (Competition) (Magill) [1995] 4 CMLR 718, [1995] ECR I-743, [1995] EUECJ C-241/91P, [1995] All ER (EC) 416, [1995] EMLR 337, [1995] FSR 530, [1998] Masons CLR Rep 58.

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