Title: On the Extensive Application of Article 102 of The Treaty on the Functioning of European Union to Intellectual Property Right——on AstraZeneca v.European Commission
Abstract: Free competition and intellectual property right protection are compared to two swords for the construction of modern country,the improvement of the market economic system and the protection of the consumer's right.The principles established by precedents were that the EU competition law applied restrictively to some of the conducts during the exercise of intellectual property right.The conditions for application are extremely strict.The recent judgment of EU General Court,for the first time,applied Article 102 of The Treaty on the Functioning of European Union to the application of intellectual property right.In addition,the conditions for the application of the article have been softened.However,this judgment,enlarging the application of competition laws in the intellectual property right field,is detrimental to the independence of the legal system of intellectual property right and is not practical for future cases.Therefore,this is a special case,rather than a universal one.
Publication Year: 2012
Publication Date: 2012-01-01
Language: en
Type: article
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