Abstract
Emails: iva.gobac@bristows.com; pat.treacy@bristows.com There is, ordinarily, no obligation on an owner of intellectual property right(s) (IPR) to share its technology with other undertakings. The ability of IPR owners to prevent third parties from exploiting inventions or other subject matter covered by an IPR is precisely that which forms the core of the exclusive right. In the context of competition law, this has been recognized within the EU at the highest level by the Court of Justice of the EU (CJEU).1 In the particular case of patents, the CJEU has held that the specific subject matter of a patent is: ‘[T]he guarantee that the patentee, to reward the creative effort of the inventor, has the exclusive right to use an invention with a view to manufacturing industrial products and putting them into circulation for the first time, either directly or by the grant of licences to third parties, as well as the right to oppose infringements.’2
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