[A2k] US and German competition authorities obtain compulsory licenses on patents to "protect competition and innovation in the open source software community."

Erik Hjalmar Josefsson erik.hjalmar.josefsson at gmail.com
Wed Aug 10 09:00:16 PDT 2011


On 08/10/2011 12:44 PM, Karsten Gerloff wrote:
> To my knowledge, this is the first time that a competition
> authority acknowledges FUD as a threat to competition in the
> market. It's a good reference.
The ECJ refers to competition law in its Opinion on the Commission's 
"envisaged agreement creating a unified patent litigation system" when 
it came to the conclusion that the agreement "is not compatible with the 
provisions of the EU Treaty and the FEU Treaty":

    78. By contrast, the international court envisaged in this draft
    agreement is to be called upon to interpret and apply not only the
    provisions of that agreement but also the future regulation on the
    Community patent and other instruments of European Union law, in
    particular regulations and directives in conjunction with which that
    regulation would, when necessary, have to be read, namely provisions
    relating to other bodies of rules on intellectual property, and
    rules of the FEU Treaty concerning the internal market and
    competition law. Likewise, the PC may be called upon to determine a
    dispute pending before it in the light of the fundamental rights and
    general principles of European Union law, or even to examine the
    validity of an act of the European Union.
    http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=Avis%201/09

There is more excellent analysis of the implications of this Opinion on 
https://www.unitary-patent.eu

Best regards.

//Erik




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