The German Federal Civil Court of Justice rules on the conditions of compulsory license defense (Philipps)

L'Ecluse, Peter

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6 May 2009

The German Federal Civil Court of Justice rules on the conditions of compulsory license defense (Philipps)

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Reference

German Federal Court of Justice, Philipps, 6 May 2009 (German)

According to a press release, on 6 May 2009 the German Federal Civil Court of Justice (the German Court of Justice) handed down a judgment setting out the conditions of a so-called compulsory licence defence. Under such a defence, a patent user facing an infringement suit from the patent holder may defend itself before the courts if it can demonstrate that it unsuccessfully tried to obtain a licence on reasonable terms and conditions from the patent holder and

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Author

Peter L’Ecluse
Van Bael & Bellis (Brussels)

Belgium 125 contributions 35650 visits

Quotation

Peter L'Ecluse, The German Federal Civil Court of Justice rules on the conditions of compulsory license defense (Philipps), 6 May 2009, e-Competitions May 2009, Art. N° 42845

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