The German Higher Regional Court Düsseldorf specifies the requirements for granting a compulsory license under antitrust law (Zwangslizenzeinwand)

In its decision of 20 January 2011, the Higher Regional Court Düsseldorf (“OLG Düsseldorf“) specified the requirements for granting a compulsory license under antitrust law, resulting from Article 102 TFEU. The court thereby clarified the requirement of indispensability and the definition of a new product in the meaning of the case law of the European Court of Justice (“ECJ”). The defendant was engaged in the supply and distribution of ink cartridges, taking advantage of the patent in question. The applicant, owner of the patent, put forward a motion for legal protection. A temporary protection had been granted by the Regional Court Düsseldorf. This decision was

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Norman Hölzel, The German Higher Regional Court Düsseldorf specifies the requirements for granting a compulsory license under antitrust law (Zwangslizenzeinwand), 20 January 2011, e-Competitions Intellectual property, Art. N° 48587

Visites 277

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues