Archive for January 2010
Dissertation Summaries (9) – LLM in IP and Competition Law 2009-2010
Comparative Law Systems of Compulsory Licenses: Challenges to Environmental Technology Transfer – Vianney Dessenne
In essence, a compulsory license is a public, mandatory, measure which forces the holder of a patent, copyright or of any other exclusive right to concede a license for its use to the State or to other natural and legal persons. Usually, the holder gets compensated through royalties set by contractual negotiation, law or arbitration proceedings. Many national patents law systems provide for the granting of compulsory licenses in a variety of settings. The Paris Convention of 1883 also provides that each contracting State may take legislation measures to that aim. Finally, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) sets out specific provisions that must be followed should a compulsory license be issued. The purpose of this study is to comparatively review the main legal regimes of compulsory license and, in turn, to discuss whether compulsory licenses are an adequate instrument for the dissemination of environmental innovation. This view, which has gained momentum lately in the context of the Copenhagen summit, conflicts with the more widespread thesis that technology transfer is enhanced by stronger level of patent protection, networks for research collaboration, etc.
Dissertation Summaries (8) – LLM in IP and Competition Law 2009-2010
Competition law, sustainable development and environmental protection – Ann-Sophie Maes
For a few years now, environmental protection is at the helm of most governments’ policy agenda. There is indeed a growing acceptance that issues like climate change and water pollution affect all of us. Business as usual is thus no longer an option. At both the EU and national levels, decision makers have taken stock of this new pro-environment paradigm and have adopted measures regulating the conduct of market players, subsidizing certain industries/market practices/technologies, etc. However, because such measures may entail higher costs for businesses, increased coordination between market players, distortive state aids, etc., the question arises whether they enshrine distortions of competition in conflict with the EU competition rules. The purpose of the present dissertation is thus to answer to this question and, in turn, to examine whether those distortions of competition can be compensated by environmental benefits. In particular, it seeks to determine to which extent environmental efficiencies can be translated into economic terms, or monetized, to fit within the current interpretation of Article 101(3) TFUE and other EU law efficiency defences. The present dissertation does not only cover the pro-environmental measures adopted to date, but also considers prospective measures, strategies and issues (e.g., carbon capture) which may represent a challenge for competition law.
Chillin'Competition 