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Difference between revisions of "Competition law defence"
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The '''competition law defence''' is a way of legally justifying a patent violation. If the patent holder has not offered to license the patent under fair terms, then in some jurisdictions, it's possible that violation can be legally justified by the competition law of that country. | The '''competition law defence''' is a way of legally justifying a patent violation. If the patent holder has not offered to license the patent under fair terms, then in some jurisdictions, it's possible that violation can be legally justified by the competition law of that country. | ||
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* [[Antitrust doesn't work]] | * [[Antitrust doesn't work]] | ||
* [[Interoperability exceptions]] - a useful goal would be to establish an interoperability defence | * [[Interoperability exceptions]] - a useful goal would be to establish an interoperability defence | ||
| + | * [[Independent invention defence]] | ||
| + | * [[IBM and TurboHercules, 2010]] - The [[European Commission]] is investigating IBM's tying of software to hardware; since IBM has listed patents possibly infringed by TurboHercules, if the Commission decides that IBM has to change it's activity in order to allow competition, they might also have to rule on whehter those patents can still block competition | ||
| + | * [[Equitable defences: estoppel and laches]] | ||
==External links== | ==External links== | ||
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[[Category:Pages with analysis of legal wordings]] | [[Category:Pages with analysis of legal wordings]] | ||
Latest revision as of 16:58, 22 October 2010
The competition law defence is a way of legally justifying a patent violation. If the patent holder has not offered to license the patent under fair terms, then in some jurisdictions, it's possible that violation can be legally justified by the competition law of that country.
Related pages on ESP Wiki
- Antitrust doesn't work
- Interoperability exceptions - a useful goal would be to establish an interoperability defence
- Independent invention defence
- IBM and TurboHercules, 2010 - The European Commission is investigating IBM's tying of software to hardware; since IBM has listed patents possibly infringed by TurboHercules, if the Commission decides that IBM has to change it's activity in order to allow competition, they might also have to rule on whehter those patents can still block competition
- Equitable defences: estoppel and laches
