Patent hold-up is a complex and contemporary issue, at the confluence of competition law and intellectual property law. In recent years, this practice, which is carried out by patentees, has raised a number of difficulties in both the United States and the European Union. While patent hold-up originally appeared in the information and communication technology (ICT) sector, it is now spreading to the pharmaceutical sector. Should it be condemned or considered lawful under competition rules? This On-Topic attempts to provide some food for thought in response to this question.
Table of Contents Introduction Walid Chaiehloudj, Professor, University of Perpignan, Member, College of the French Competition Authority, Paris, Member, College of the New Caledonian Competition Authority, Noumea Patent hold-up and pharma sector? IP scholar’s point of view Nicolas Binctin, Professor, University of Poitiers Patent hold-up in the pharmaceutical sector: Between present cases and future scenarios Elisabetta M. Lanza, Officer, Italian Competition Authority, Rome The instrumentalization of intellectual property rights for anticompetitive purposes in the pharmaceutical industry: A new territory for competition authorities in Europe? Marion Provost, National Partner, Dechert, Paris US courts vs. Patent hold-up in the pharmaceutical sector Wladimir Soltmann, Associate, Mayer
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