Thursday, June 08, 2006

Article 82 review submissions

I've rather belatedly been looking at these, very helpfully set out in full on the Commission website.

As to be expected, the enquiry generated a great deal of interest and many thoughtful submissions from the legal, economic and policy angles. I found the submissions of Freshfields and Shapiro and Hayes particularly helpful, notably regarding refusal to licence IP. Both note that much fuller analysis is required than "licensing only in exceptional circumstances" building on the tests set out in the cases. The question is what......I look forward to seeing what the Commission will do.

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