Keywords
Summary

Keywords

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1 . POLICY OF THE EEC - RULES ON COMPETITION - CARTELS - PROHIBITIONS - RESTRICTIVE NATURE

( EEC TREATY, ARTICLE 85(1 ))

2 . POLICY OF THE EEC - RULES ON COMPETITION - PATENTS - PROHIBITIONS IN ARTICLES 85 AND 86 OF THE EEC TREATY - NOT APPLICABLE TO PATENTS AS SUCH - POSSIBLE APPLICABILITY TO CASES OF IMPROPER USE

3 . POLICY OF THE EEC - RULES ON COMPETITION - PATENTS - USE - SALE PRICE OF THE PATENTED PRODUCT - HIGHER PRICE AS COMPARED WITH THE UNPATENTED PRODUCT - SUCH DIFFERENCE NOT NECESSARILY IMPROPER

( EEC TREATY, ARTICLE 85 )

Summary

1 . THE RESTRICTIVE NATURE OF ARTICLE 85(1 ) IS INCOMPATIBLE WITH ANY EXTENSION OF THE PROHIBITION FOR WHICH IT PROVIDES BEYOND THE THREE CATEGORIES OF AGREEMENT EXCLUSIVELY ENUMERATED THEREIN .

2 . THE EXISTENCE OF THE RIGHTS GRANTED BY A MEMBER STATE TO THE HOLDER OF A PATENT IS NOT AFFECTED BY THE PROHIBITIONS CONTAINED IN ARTICLES 85(1 ) AND 86 OF THE TREATY . THE EXERCISE OF SUCH RIGHTS CANNOT OF ITSELF FALL EITHER UNDER ARTICLE 85(1 ), IN THE ABSENCE OF ANY AGREEMENT, DECISION OR CONCERTED PRACTICE PROHIBITED BY THIS PROVISION, OR UNDER ARTICLE 86, IN THE ABSENCE OF ANY ABUSE OF A DOMINANT POSITION .

3 . A HIGHER SALE PRICE FOR THE PATENTED PRODUCT AS COMPARED WITH THAT OF THE UNPATENTED PRODUCT COMING FROM ANOTHER MEMBER STATE DOES NOT NECESSARILY CONSTITUTE AN ABUSE OF A DOMINANT POSITION .