Refusal to License in Database Rights: A Comparative Approach between the European Union and Malaysia

Nazura Abdul Manap (), Ahmad Azam Mohd Shariff () and Haliza A Shukor ()

International Journal of Asian Social Science, 2018, vol. 8, issue 7, 417-426

Abstract: Under the competition law, refusal to license is a form of abuse of dominant position for which certain requirements must be met based on the existing legislations, guidelines and decided cases. As the Malaysian Competition Act 2010 is fairly nascent as compared to the European Union (EU) jurisdiction, it is pertinent to learn how the latter establishes the elements of refusal to license in declaring it as a form of abuse of dominant position. Hence, the objective of this paper is to identify provisions relating to refusal to license in Malaysia and provide a comparative analysis relating to the approaches adopted by the EU and Malaysia in this area with specific focus on database rights. This paper employs library based methods and analyses data by way of comparative approach. The findings indicate that while Malaysia Competition Act 2010 provides provisions relating to refusal to license, but such provisions are yet to be tested.

Keywords: Abuse of dominant position; Refusal to license; Competition law; Database rights. (search for similar items in EconPapers)
Date: 2018
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