
Contents
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Charges Against the Patent System Charges Against the Patent System
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The United Kingdom as an Example of a National Competition Law The United Kingdom as an Example of a National Competition Law
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Competition Law: The European Union Competition Law: The European Union
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The Organization of the European Union The Organization of the European Union
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Relevant Provisions of the Treaty on the Functioning of the European Union Relevant Provisions of the Treaty on the Functioning of the European Union
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The Role of the European Union General Court and the Court of Justice of the European Union The Role of the European Union General Court and the Court of Justice of the European Union
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Parallel Importation Parallel Importation
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Patent Licence Agreements in the European Union Patent Licence Agreements in the European Union
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Notification and Negative Clearance Notification and Negative Clearance
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De Minimis Exemption De Minimis Exemption
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Block Exemption for Patent Licence Agreements Block Exemption for Patent Licence Agreements
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Technology Transfer Block Exemption Technology Transfer Block Exemption
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Individual Notification Individual Notification
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New Approach to Implementation of Articles 101 and 102 New Approach to Implementation of Articles 101 and 102
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New Technology Transfer Block Exemption Regulation New Technology Transfer Block Exemption Regulation
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Competition Law Defences to Patent Infringement Competition Law Defences to Patent Infringement
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The Powers of the Commission and of National Competition Authorities The Powers of the Commission and of National Competition Authorities
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Pharma Sector Inquiries Pharma Sector Inquiries
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Activities of European Competition Authorities in Relation to Patent Rights Activities of European Competition Authorities in Relation to Patent Rights
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24 Patents and Competition Law—United Kingdom and European Union
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Published:December 2016
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Abstract
This chapter focuses on competition law in the UK and EU. Most countries, as well as the EU, have developed a body of competition law to provide countermeasures against what are regarded as abuses of monopoly by patentees. Abuse of monopoly is the use of a patent simply to exclude others, while not working the invention oneself. Provisions of the Paris Convention enable compulsory licences to be granted if the patent is not worked within a certain time. In the UK, they may also be granted if the patentee is preventing the working of a dependent patent by refusing to grant a licence. In the EU, competition law for the internal common market is within the exclusive competence of EU institutions; the national governments of member states only assist these institutions when it comes to implementation of the legislation. The remainder of the chapter explains EU patent licence agreements.
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