Restriction of patent licenses to competition in the relevant market

Volume 10 , Issue 2 , December 2022 , Pages 160-196

Authors

Adnan Baqi Latif 1 ; Hemn Hussein Wali 2

1 Department of Law, College of Law, University of Sulaimani - Kurdistan Region of Iraq.

2 Master in Private Law; PhD student at the College of Law, University of Sulaimani - Kurdistan Region of Iraq.

DOI logo 10.17656/jlps.10223

Keywords

Abstract

Patent rights licensing is a lawful disposition permitted by law. However, these licenses may restrict competition, especially when they amount to a restrictive agreement from the perspective of competition laws either due to their exclusivity or additional restrictions though not exclusive. Comparative laws have noticed this problematic matter and addressed it either under competition acts and regulations in this regard, or through non-binding guidelines, while the Iraqi and Kurdistani laws do not provide specific legislative solutions in this matter, making these licenses either subject to their absolute prohibition provisions without considering their privacy, or to escape in some other cases from these rules despite their inclusion of restrictions. Here simply lies the problem of this research which after defining the market scope where the effects of these licenses result, demonstrates the exclusive and non-exclusive restrictions of licenses and their effects on competition. Finally, it recommends an appropriate legislative solution in this regard.

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  • Published at15 December 2022

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