Journal Article

Settlement Agreements: The European Perspective

Pat Treacy

in Journal of Intellectual Property Law & Practice

Volume 1, issue 3, pages 223-224
Published in print February 2006 | ISSN: 1747-1532
Published online January 2006 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpi048
Settlement Agreements: The European Perspective

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Key points. This note provides a brief consideration of past treatment of settlement agreements in Europe and a consideration of the underlying rationale for scrutinizing such agreements under EC competition law. It suggests that a reason for less focus by the authorities in Europe than in the US is the general interest of the parties in keeping the details of such agreements confidential, combined with a lack of any obligation to notify the authorities.

Practical significance. Companies should be reminded of the possible application of the EC rules to patent settlement agreements at a time when the Commission has shown a renewed willingness to review conduct relating to IP and when national authorities such as the OFT have reiterated a willingness to get to grips with conduct that delays generic entry.

Journal Article.  874 words. 

Subjects: Arbitration ; Intellectual Property Law

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