Comparative Guides
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Results: 4 Answers
Are there any limits on patent protection due to antitrust laws?
Antitrust laws do not limit the scope of patent protection that can be sought or obtained, but may impact on the patent owner’s ability to enforce its rights. It is possible that the exercise of patent rights may, in certain circumstances, amount to abusive conduct by a party in a dominant position contrary to Article 102 of the Treaty on the Functioning of the European Union. An example is the arbitrary refusal to supply spare parts to independent retailers. Furthermore, in relation to standard-essential patents, where the patent owner has given an undertaking to license the patents on fair, reasonable and non-discriminatory terms, a refusal to license can in principle amount to an abuse of Article 102.

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