Thursday, August 30, 2012
Posted by D. Daniel Sokol
Ariel Ezrachi (Oxford) and Mariateresa Maggiolino have a new paper on EUROPEAN COMPETITION LAW, COMPULSORY LICENSING, AND INNOVATION.
ABSTRACT: This article explores the interface between competition law and intellectual property rights and focuses on the analysis of refusal to license. The discussion highlights the gradual lowering of the threshold for intervention in cases of refusal to license and the widening scope of Article 102 of the TFEU. It subsequently reflects on the possible chilling effect that compulsory licensing may have on innovation.