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Keywords

exclusivity agreements, exclusivity, intellectual property, audiovisual work, sports event, media rights, UOKiK, the Polish Football Associatio, PZPN, Canal+

Abstract

This article discusses issues associated with exclusive rights to broadcast television coverage of sports events, in light of a decision of the President of the Office of Competition and Consumer Protection (hereafter, the UOKiK President) relating to a long-term licence agreement between the Polish Football Association and Canal+. It describes the special features of a sports event as the subject of licensing rights and discusses the impact of intellectual property issues on assessing whether agreements comply with the law on competition and consumer protection. Emphasis is put on the special role of analysing each case of exclusivity economically, particularly with regard to its long-term market effects and the significance of additional restrictions accompanying exclusivity. Attention is also drawn to the precedential nature of the position of the UOKiK President that media licences can, in justified cases, cover periods of several years.

First Page

115

Last Page

131

Page Count

16

Publisher

University of Warsaw

Publication Date

2010-12-01

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