Abstract
This Survey reviews EU competition law developments involving consideration of intellectual property rights in the year to October 2016. The cases reviewed cover: (i) acceptable royalty terms in licences (Genentech v Hoechst, CJEU); (ii) the first judgment by a European Court on ‘reverse’ patent settlements (Lundbeck and related cases, GC); (iii) Commission merger decisions in the TMT and biopharma sectors; (iv) commitments decisions involving obligations to license IP; (v) state aid decisions involving IP issues; and (vi) the Paramount commitments decision in relation to copyright licensing, together with relevant developments in the Commission's e-commerce sector inquiry. In July 2016, the CJEU delivered its first judgment in many years on the compatibility of a patent licensing agreement with Article 101 TFEU. The question referred by the Paris Appeal Court focussed on whether a licensor could legally collect royalties for the entire duration of a licence agreement, even if the licensed patents were found to be invalid or non-infringed.
Published Version
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