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artículo
Publicado 2025
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This article examines the relationship between intellectual property and free competition in the context of the dominant position of collective management entities (EGCs). These entities unilaterally set fees that users must pay, even when the use of rights is essential for their business. In Peru, there is no independent regulator for these fees, leading to disputes over their reasonableness, fairness, and proportionality. These conflicts result in lengthy proceedings before INDECOPI and the judiciary. Additionally, the dominant position of EGCs and the presence of multiple creditors further complicate matters, affecting users who face simultaneous charges for different rights.