The Article 82 Review Process and Its Impact on Compulsory Licensing of IP Rights

Alicia Van Cauwelaert, Apr 01, 2006

This paper reviews the position put forward by the Commission in relation to the concept of an exclusionary abuse, the meaning of dominance, and the use of an efficiency defense. In particular, the paper looks at refusal to supply cases involving IP rights and the impact the Article 82 review may have on such cases in the future. In general, the Discussion Paper does not indicate a change of policy with regard to first-time refusals to supply or license.