Wednesday, November 29, 2006

The OFT "embraces" IP?

Thanks to the IPkat for details of this decision of the UK OFT. In considering a proposed merger involving cheese making technologies (will refrain from obvious remarks), the OFT accepted exclusive irrevocable licensing of IP as a means of addressing concerns. Although this is some way from the OFT requiring licensing in an article 82/section 18 abuse of dominance situation, the OFT is rather proudly announcing that this is the first time there had been such an approach in a merger case.

This does suggest that if an IMS or Magill scenario were to arise in the UK, the OFT (as well as the EC Commission) might be interested in investigating any complaint. What about allegedly spurious patent infringment actions? Promedia and Noerr Pennington a la UK anyone?

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