@article{25795,
      author = {Kjolbye, Lars.,},
      url = {http://tind.wipo.int/record/25795},
      title = {Article 82 EC as Remedy to Patent System Imperfections :  Fighting Fire with Fire?},
      abstract = {It has been a well-established principle of EC competition  law that there is no inherent conflict between competition  laws and intellectual property laws. However, there are  indications that this view is coming under pressure. The  European Commission’s pharmaceutical sector inquiry has  identified a toolbox of practices engaged in by originator  firms, which allegedly aims at hindering or delaying  generic entry or competition from other originators. A  number of these practices involve the strategic use of  patents. As sector inquiries aim at giving effect to  Articles 81 and 82 EC, the Commission’s preliminary  findings raise the question whether strategic patenting  engaged in by dominant firms is caught by Article 82 EC  and, if so, in what circumstances. This article discusses  these questions in light of the existing case law on the  application of Article 82 EC to refusals to license  intellectual property rights, in particular the Microsoft  case, which has extended this case law to patents. The  article discusses in particular whether practices involving  patent clustering, secondary patenting, and defensive  patenting may be caught by Article 82 EC.},
      recid = {25795},
      pages = {1 volume ([26] pages) ;},
}