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Blocking Patents in European Competition Law: The Implications of the Concept of Abuse

Blocking Patents in European Competition Law: The Implications of the Concept of Abuse

Author: Angelika Sandra Murer
Publisher: Kluwer Law International
ISBN: 9789403538143
Published In: December 2021
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,250.00

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Description
Contents

Details
About this book:

Blocking Patents in European Competition Law is a thoroughly researched book that provides an overview of the developments in doctrine and practice leading to the current understanding of the seemingly conflictual goals of competition and intellectual property law. In practice and jurisprudence in European competition law, it is challenging to define the boundaries of patent abuse as an offence. Drawing on legal literature and European Union (EU) case law, the book answers when and how an application for a blocking patent can amount to an abuse of a dominant position under Article 102 TFEU.

What’s in this book:

With detailed descriptions of the characteristics of potentially abusive and non-abusive behaviour regarding applications for blocking patents, the book provides the following and more:
- a comprehensive analysis of the case law of the EU courts on the abuse of a dominant position in cases which involve intellectual property rights;
- insights on how patenting strategies affect competition with a particular focus on the application of blocking patents;
- an overview of the developments in doctrine and practice which led to the current understanding of the seemingly conflictual goals of competition and intellectual property law; and
- insights on the difficulties of defining relevant markets and establishing whether an undertaking holds a dominant position.
The book illustrates the mechanisms of blocking patenting strategies with examples from the pharmaceutical industry because blocking strategies have particular relevance in applying for patents in that context. In addition, the book provides an outlook on the topic of patents and shortages of supply in light of the COVID-19 pandemic.

How this will help you:

Practitioners and policymakers requiring an in-depth understanding of the conceptual framework of the abuse concept within EU competition law and how it relates to patent strategies will welcome this invaluable book. They will not only be able to set the conduct of applying for blocking patents but also have decisive tools to approach other questions on the intersection of patent law and competition law in the EU. One of its kind, this book provides a test scheme that can be used for further analysis and for proposing potential remedies making it highly valuable.
List of Abbreviations

Acknowledgements

Introduction Subject, Purpose and Method

CHAPTER 1

Subject and Purpose

CHAPTER 2

Method

PART I

An Introduction to Competition

CHAPTER 3

Competition: An Approximation

CHAPTER 4

Introduction to the System of Competition Law

CHAPTER 5

Introduction to Competition in the Pharmaceutical Market

PART II

Strategic Patenting

CHAPTER 6

Why Firms Patent

CHAPTER 7

Patenting Strategies

PART III

Defining Markets and Establishing Dominance

CHAPTER 8

Market Power Versus Dominance: Introduction and Definition

CHAPTER 9

Market Definition

CHAPTER 10

Establishing a Dominant Position

CHAPTER 11

Consequences for the Evaluation of Conduct Involving Patents

PART IV

Implications from Case Law and the Patent Misuse Doctrine for Blocking Patent Applications under EU Competition Law

CHAPTER 12

Case Law on the Abuse of a Dominant Position and Patents

CHAPTER 13

Implications of the Patent Misuse Doctrine

PART V

The Concept of Abuse in EU Competition Law

CHAPTER 14

Analysis of Article 102 TFEU

CHAPTER 15

Abuse of a Dominant Position as a Manifestation of the Abuse of Rights?

PART VI

Blocking Patents as Abuse of a Dominant Position

CHAPTER 16

Synthesis of the Preceding Analysis

CHAPTER 17

Distortion of Competition Through Patent Application

CHAPTER 18

Balancing Interests

Findings

Outlook: Global Shortages and the Role of Patents

Bibliography

Table of Decisions

Materials

Index