Promoting innovation : the interface between EU competition law and patents

Abstract

The aim of this thesis is to analyse the relationship between EU competition law and intellectual property rights, and to examine how EU competition law applies to patents in particular. In the introduction one finds a clarification of the aims and purposes of competition laws and IP laws. Consequently, reference is made to the inherent conflict between competition rules and IPRs. In addition, a brief overview of the Commission's evolving opinion on IP is also given. Chapter one deals with the application of Article 101 TFEU to patent licensing agreements. It clarifies the pro-competitive aspects of licensing agreements and provides an overview of the development in the Commission's opinion on IP licensing agreements. This chapter also outlines the conditions which are necessary for the application of Article 101. Besides, the Commission TTBER (772/04) and R&D agreements with the respective block exemption (1217/10) are also discussed. Chapter one also deals with patent pools, cross-licensing of patents and standardization agreements whereby reference to the fair, reasonable and non-discriminatory (FRAND) commitment is made. Chapter two then deals with the application of Article 102 in respect to patent holders. It focuses on compulsory licensing and the refusal to license in standardization. Also, discussed are patent strategies, FRAND commitments and patent ambush. Chapter two also examines prices abuses and tying and bundling applied by patent holders. 4 The thesis ends with a conclusion which points out the common objectives which are shared by competition rules and IP laws, amongst which are consumer welfare and the promotion of innovation. This concluding chapter elaborates on the concluding remarks which are found at the end of chapters one and two.