EC Commission patent abuse decision
The European Commission has found AstraZeneca to have abused its dominant position in breach of article 82 EC Treaty and imposed a large fine.
The finding related to the supply of incorrect marketing authorisation details in respect of the anti-ulcer product LOSEC. This information enabled AstraZeneca to obtain an unwarranted extension to its patent protection, under the Supplementary Protection Certificate System. This meant that generic competitors were, unjustifiably, kept out of the market.
The Commission, while clearly expressing its support for the patent system, considered that this conduct constituted an abuse of the system and of the dominant position held by AstraZeneca. The decision is a clear indication that the Commission will be prepared to look at unilateral conduct in exploiting patents - might this be a precurser to "abuse of a dominant position" developments in patents to mirror those seen in copyright?
The finding related to the supply of incorrect marketing authorisation details in respect of the anti-ulcer product LOSEC. This information enabled AstraZeneca to obtain an unwarranted extension to its patent protection, under the Supplementary Protection Certificate System. This meant that generic competitors were, unjustifiably, kept out of the market.
The Commission, while clearly expressing its support for the patent system, considered that this conduct constituted an abuse of the system and of the dominant position held by AstraZeneca. The decision is a clear indication that the Commission will be prepared to look at unilateral conduct in exploiting patents - might this be a precurser to "abuse of a dominant position" developments in patents to mirror those seen in copyright?
posted by Dr Abbe Brown at 11:37 am
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