The Bulgarian Competition Authority holds than an exclusive and indefinite duration brand licence is valid as it does not aim at restricting or distorting competition but also grants leniency (Unilever / Kaliakra)

In a potentially far-reaching case, the Bulgarian Commission for the Protection of Competition (the Commission or CPC) addressed the balance between licensing rights and competition regulation. In 2000, a well-established Bulgarian producer of vegetal oils and fats, Kaliakra AD (Kaliakra), licensed to DSM OOD (DSM) the exclusive rights to the brand “Kaliakra” in relation to the manufacturing and marketing of vegetal oil and margarine. The licence had an indefinite duration and precluded Kaliakra from both licensing the brand to other food manufacturers and from using it itself. DSM took up the licence but did not start using the brand and, apart from inquiring with several producers about a possible toll manufacturing of the licensed products, stayed out of the market for vegetable

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  • US Federal Trade Commission (FTC)

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Ivan Gurov, The Bulgarian Competition Authority holds than an exclusive and indefinite duration brand licence is valid as it does not aim at restricting or distorting competition but also grants leniency (Unilever / Kaliakra), 3 May 2007, e-Competitions May 2007, Art. N° 13781

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