CONFERENCE: NEW FRONTIERS OF ANTITRUST - PARIS

Patents: Can antitrust authorities contribute to fixing the dysfunctional patent system? (New Frontiers of Antitrust, Paris, 21 February 2014)

This second roundtable of the conference “New frontiers of Antitrust” (Paris, 21 February 2014) was dedicated to the: “Patents: Can antitrust authorities contribute to fixing the dysfunctional patent system?”. This roundtable acknowledges the fact that there is an increasing number of cases at the interface between competition and intellectual property on both sides of the Atlantic and discusses whether, and under which conditions, competition law can deal with the practices and offer some protection against a patent system which is increasingly used strategically by economic actors to suppress both innovation and competition on their markets.

INTRODUCTION Frédéric JENNY Président, Comité de la concurrence, OCDE Président Comité international Concurrence Professeur d’économie et codirecteur, CEDE, ESSEC 1. A number of recent developments in intellectual property systems have had consequences on the intensity of competition on markets for goods and services. First, an ever increasing number of countries have adopted a patent law. Second, because of the internationalization of product markets, firms selling in a large number of countries have tended to seek patent in all the countries where they trade. This has resulted in a massive increase in the number of requests for patents and an extension of the delay between the patent application and the grant or the denial of a patent. In some sectors, such as the pharmaceutical sector,

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Authors

  • U.S. Court of Appeals for the District of Columbia Circuit (Washington DC)
  • ESSEC Business School (Cergy)
  • Cleary Gottlieb Steen & Hamilton (Brussels)
  • George Mason University

Quotation

Douglas H. Ginsburg, Frédéric Jenny, Thomas Graf, Joshua D. Wright, Patents: Can antitrust authorities contribute to fixing the dysfunctional patent system? (New Frontiers of Antitrust, Paris, 21 February 2014), May 2014, Concurrences Review N° 2-2014, Art. N° 66160, www.concurrences.com

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