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Servier, Film Copyright Territorial Restrictions, Android, Guess, Nike and Sanrio: A Survey of Developments at the Intersection between Competition Law and IP Law in the Past Year

2020; Oxford University Press; Volume: 11; Issue: 3-4 Linguagem: Inglês

10.1093/jeclap/lpaa023

2041-7772

Sophie Lawrance, Edwin Bond, Aimee Brookes, Francion Brooks, Matthew Hunt, Helena Connors,

Intellectual Property Law

This Survey reviews EU competition law developments involving, or relevant to, intellectual property (‘IP’) rights in the period November 2018 to October 2019. The Survey covers the following: (i) the General Court’s Servier judgment on patent settlement and related agreements and market definition in the pharma sector; (ii) film copyright territorial restrictions—commitments challenged before the General Court and further commitments offered; (iii) the Commission’s Google Android Decision; and (iv) the Commission decisions in Cases AT.40428—Guess, AT.40436—Nike and AT.40432—Sanrio. In December 2018, the General Court handed down a series of parallel judgments relating to a number of patent settlements and related agreements entered into between Servier, its subsidiary Biogaran, and several manufacturers of generic pharmaceuticals (hereafter ‘generics’ or ‘generic companies’). Each of the agreements between Servier itself and the various generic companies followed (and ended) patent litigation, and each involved some limitations on the generic company’s ability to enter the market.