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The CFI Microsoft Judgment and TRIPS Competition Flexibilities

Nguyen, Tu LU and Lidgard, Hans Henrik LU (2008) In Currents International Trade Law Journal 16(3). p.41-51
Abstract
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... (More)
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. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
private law, private international law, internationell privaträtt, civilrätt, competition, TRIPS, flexibilities
in
Currents International Trade Law Journal
volume
16
issue
3
pages
41 - 51
language
English
LU publication?
yes
id
fd0e5639-80c7-4db1-ab6d-8f04ad3bc32e (old id 1393145)
date added to LUP
2009-05-13 11:49:47
date last changed
2016-04-16 11:48:37
@article{fd0e5639-80c7-4db1-ab6d-8f04ad3bc32e,
  abstract     = {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.},
  author       = {Nguyen, Tu and Lidgard, Hans Henrik},
  keyword      = {private law,private international law,internationell privaträtt,civilrätt,competition,TRIPS,flexibilities},
  language     = {eng},
  number       = {3},
  pages        = {41--51},
  series       = {Currents International Trade Law Journal},
  title        = {The CFI Microsoft Judgment and TRIPS Competition Flexibilities},
  volume       = {16},
  year         = {2008},
}