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

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.