NOVEMBER 2007
CFI's Microsoft ruling may threaten R&D in Europe
What impact will September's Microsoft ruling have on IP owners in Europe? Helen Davison reports
| One-minute read |
| In September, the Court of First Instance upheld a European Commission ruling that Microsoft had abused its dominant position, and affirmed a fine of €497 million. The ruling analyzed in detail the relationship between competition and IP rights, and helped to define under what "exceptional circumstances" companies can be forced to license their intellectual property. At a roundtable seminar in Brussels last month, the legal, economic and technological implications of the ruling were discussed. From all three perspectives, the ruling raises concerns for IP owners, particularly those in a dominant position in their market. It will lead to increased uncertainty about the extent to which competition law can limit the use of IP rights, as the scope of exceptional circumstances appears to have been further broadened. This may point to a bleak future for innovation in Europe. |
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