IDEAS home Printed from https://ideas.repec.org/a/asi/ijoass/v8y2018i7p417-426id3006.html
   My bibliography  Save this article

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

Author

Listed:
  • Nazura Abdul Manap
  • Ahmad Azam Mohd Shariff
  • Haliza A Shukor

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.

Suggested Citation

  • Nazura Abdul Manap & Ahmad Azam Mohd Shariff & Haliza A Shukor, 2018. "Refusal to License in Database Rights: A Comparative Approach between the European Union and Malaysia," International Journal of Asian Social Science, Asian Economic and Social Society, vol. 8(7), pages 417-426.
    • Handle: RePEc:asi:ijoass:v:8:y:2018:i:7:p:417-426:id:3006
    as

    Download full text from publisher

    File URL: https://archive.aessweb.com/index.php/5007/article/view/3006/4608
    Download Restriction: no
    File URL: https://archive.aessweb.com/index.php/5007/article/view/3006/5193
    Download Restriction: no
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:asi:ijoass:v:8:y:2018:i:7:p:417-426:id:3006. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Robert Allen (email available below). General contact details of provider: https://archive.aessweb.com/index.php/5007/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.