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New IP Enforcement Policy in the EU

Given that strategic importance of IP-sensitive industries for the EU economy, the European Commission (Commission) has introduced a new initiative with a view to strengthen the protection of EU-based IP rights by working...more

European Commission's Actions to Better Protect and Enforce Intellectual Property Rights

Although the number of registrations of European Patents, Community Trademarks and Community Designs more than doubled between 2003 and 2012, the high numbers of infringements of intellectual property rights (IPRs) harm this...more

New EU actions on enforcement of Intellectual Property Rights

On 1 July, the European Commission has adopted two communications on (i) an Action Plan to address infringements of intellectual property rights (IPRs) in the EU and (ii) a Strategy for the protection and enforcement of...more

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more

Can Reverse Payments In Patent Settlements Constitute Criminal Cartel Conduct?

It is a well-established and universally accepted principle of competition law that a payment by one competitor to another competitor not to enter a market is anticompetitive, and in Australia since 2010 a criminal offence....more

European Commission Proposes Changes to the Rules Applicable to Technology Licensing

On 20 February 2013, the European Commission launched a public consultation in relation to a draft proposal for a revised block exemption for technology transfer agreements (the proposal). The Commission seeks to improve and...more

Proposed Amendments to the EU Competition Assessment of Technology Transfers

The European Commission (the "Commission") is considering revisions to the rules governing the assessment of technology transfer agreements such as patent licences in advance of the expiry of the existing rules on 30 April...more

Antitrust and Competition Newsletter - February 2013

In This Issue: - A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’ - Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case - 7th Circuit...more

AstraZeneca v European Commission: Case C-457/10 P

Introduction - On 6 December 2012, the European Court of Justice (the “ECJ”) upheld the judgment of the General Court (“GC”), which found that AstraZeneca (“AZ”) abused its dominant position on the market for proton pump...more

European Parliament Adopts Draft Regulations on Unitary Patent

On Tuesday, the European Patent Office reported that the European Parliament in Strasbourg had adopted two draft regulations on the creation of the unitary patent. The EPO hailed the adoption of the draft regulations as "a...more

European Commission Releases Draft Regulations Governing Unitary Patent Protection

Under the Commission’s proposals, holders of European patents would be allowed to apply to the European Patent Office for unitary patent protection covering the participating 25 Member States. The unitary patent could only...more

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