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
Patents
11.
Antitrust
11.1
Are there any limits on patent protection due to antitrust laws?
Switzerland

Answer ... Yes, there are limits on patent protection due to antitrust laws. The Federal Supreme Court has held that a rights holder that has a dominant position in a market can be liable for an antitrust violation if it enforces its patent in a manner abusive to the concept of antitrust law, such as by preventing otherwise legal parallel importation of the patented product or products made by a patented process, subject to certain conditions. Rights holders that dominate the market may be obligated to grant compulsory licences if the use of the patented technology is indispensable to a third party that wishes to offer the patented product and the rights holder does not have legitimate grounds to refuse the grant of a licence. The Federal Act on Patents for Inventions specifically provides for compulsory licences in the case of antitrust violations.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
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Patents
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Switzerland