IIC - International Review of Intellectual Property and Competition Law


List of Papers (Total 217)

Reverse Payments – Life After Actavis

On its face, the United States Supreme Court’s opinion in Federal Trade Commission (FTC) v. Actavis seemed to contain the elements of a straightforward antitrust indictment: a dominant drug company paid potential rivals millions of dollars not to compete at the cost of public access to cheaper medicine. The interests of these rivals, once aligned with those of the public, have...

“Encryption Process” (Verschlüsselungsverfahren)

The mere fact that from a technical point of view the use of a method disclosed in the patent application (here an encryption process) must be followed by a further process (here a decryption process) in order to achieve a technically and commercially practical result does not, as a rule, necessarily lead to the conclusion that the further process is disclosed as being part of...

“ABC News”

By considering the lex protectionis as a general conflict of law rule governing all copyright matters, including the initial ownership of rights, the Supreme Court endorses the unitary approach for the interpretation of Art. 5(2) of the Berne Convention.


Articles 101(1) TFUE and 3(2) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] must be interpreted as not precluding a national competition authority from applying Article 101(1) TFEU to an agreement between undertakings that may affect trade between Member States, but that does...