The CFI Microsoft Judgment and TRIPS Competition Flexibilities
Author
Summary, in English
The CFI Microsoft judgment is the first decision handed down by any court situated in a WTO Member state that regards the competition rules in the TRIPS Agreement in order to partly justify the application of domestic competition laws to the exercise of intellectual property rights (IPRs). The TRIPS Agreement allows WTO Members to enact and apply national competition laws to IPR-related anti-competitive practices. The position of the CFI finds support in this fact. Still, it is regrettable that the CFI did not invoke the TRIPS competition rules in justifying the Commission’s decision to force Microsoft to supply interoperability information. This article considers the consequences of the European position and the effects of TRIPS flexibilities for developing countries.
Department/s
Publishing year
2008
Language
English
Pages
41-51
Publication/Series
Currents International Trade Law Journal
Volume
16
Issue
3
Full text
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Document type
Journal article
Topic
- Law
Keywords
- private law
- private international law
- internationell privaträtt
- civilrätt
- competition
- TRIPS
- flexibilities
Status
Published