European Competition Law and Sample Clauses

European Competition Law and. Compulsory Licensing of Patents 47
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European Competition Law and. Compulsory Licensing of Patents Compulsory licensing of intellectual property is only relevant when it comes to unilateral abuse of a dominant position, sanctioned in Article 82 of the Treaty of Rome. In order for Article 82 to apply the three criteria, dominance, abuse and effect on intra community trade must be fulfilled. Consequently, the mere possession of a patent does not confer abuse of a dominant position.268 It is how the patent protection is used which may attract the attention of competition authorities.269 If a patent is exercised within the specific subject matter of the patent the action is presumed to stand clear of Community law. The specific subject matter of a patent right was defined in the Centrafarm- case; “In relation to patents, the specific object of industrial property is the guarantee, to reward the creative effort of the inventor, has the exclusive right to use an invention with a view to manufacturing industrial products and putting them into circulation for the first time, either directly or by the grant of licences to third parties, as well as the right to oppose infringements.”270 There are judgements stating that the exercise of the specific subject matter of an intellectual property could still be considered a breach against Article
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European Competition Law and. Compulsory Licensing of Patents 47 6.3 FAILURE TO WORK 48 6.4 INTERDEPENDENT PATENTS 49 6.5 ANALYSIS 50 7 GENERAL PROCEDURAL REQUIREMENTS FOR COMPULSORY LICENSING 52 7.1 INDIVIDUAL MERITS 52
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