Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Are there any limits on patent protection due to antitrust laws?

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 Gilat Bareket & Co., Reinhold Cohn Group