Comparative Guides

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4. Results: Answers
Patents
11.
Antitrust
11.1
Are there any limits on patent protection due to antitrust laws?
Israel

Answer ... Yes. Section 49(b) of the Patents Law stipulates that “the grant of a patent does not constitute permission to exploit any invention unlawfully or in a manner that constitutes infringement of any existing rights under any law”. It is also standard that the Patents Law does not provide immunity from antitrust laws that may apply to binding agreements and abuse of monopolies. That said, Section 3(2) of the Economic Competition Law, 5748-1988 stipulates that an arrangement whose restrictions are entirely related to a patent will not be considered as a restrictive arrangement. Additional provisions are included in certain block exemptions.

For more information about this answer please contact: David Gilat from Reinhold Cohn Group
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Patents