Buch, Englisch, 400 Seiten
The Implications of the Concept of Abuse
Buch, Englisch, 400 Seiten
Reihe: International Competition Law Series
ISBN: 978-94-035-3814-3
Verlag: Kluwer Law International
- 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. A test scheme for analysing the application of a blocking patent under Article 102 TFEU is included. Additionally, the book provides an outlook on the topic of patents and shortages of supply in light of the COVID pandemic. Practitioners and policymakers requiring an 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 into the Article 102 TFEU context but also have decisive tools to approach questions on the intersection of patent law and competition law in the EU.