Patents for Chemicals, Pharmaceuticals, and Biotechnology: Fundamentals of Global Law, Practice, and Strategy

By Philip W. Grubb | Go to book overview

25
PATENTS AND COMPETITION LAW

Even such a tax was less intolerable than the privileges of monopolies, which checked the fair competition of industry, and, for the sake of a small and dishonest gain, imposed an arbitrary burden on the wants and luxury of the subject.
Edward Gibbon: Decline and Fall of the Roman Empire, Chap. 40

Charges Against the Patent System412
Competition Law--United Kingdom413
Competition Law--EU414
The Organization of the EU414
Provisions of the Treaty of Rome415
The Role of the ECJ416
Parallel Importation416
Patent Licencing Agreements in the EU420
Notification and Negative Clearance420
Block Exemption for Patent Licence Agreements421
Technology Transfer Block Exemption423
Individual Notification424
The Powers of the Commission425
Competition law--USA426
The Anti-trust Acts426
Patent Misuse and Anti-trust427
Patent Licence Agreements428
Validity Challenge by Licensees429
Justice Department Guidelines430
Collaboration Between JD and EU Commission431

Charges Against the Patent System

From the days of the Emperor Justinian onwards, monopolies have been seen as an economic evil, and from the time of James I, patent monopolies have been recognized, more or less grudgingly, as a limited exception to this rule. The fact that because a patent gives a monopoly for a new invention it cannot take anything away from the public which it already has is not always appreciated. Accordingly, patents have been blamed for a whole series of economic ills, real or imaginary, including high prices, erection of barriers to free trade, foreign domination of national economies, exploita-

-412-

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