Concorrência e propriedade intelectual “to deal or not to deal” : uma complementaridade para o futuro ou uma incompatibilidade insanável?

: uma complementaridade para o futuro ou uma incompatibilidade insanável?

Abstract

This investigation mainly aims to discuss and reflect on the negotiation of patent licensing that, when covered by the definition of Essential Facilities, are categorized as Standard Essential Patents (SEPs). Bearing this in mind, and after the development of a doctrinal and jurisprudential framework, it is undoubted that this matter is still not at all consensual, still needing further development, which can only be raised by the emergence of new situations that rise disputes about the the fulfillment / non-fulfillment by the parties of their obligations to negotiate in fair, reasonable and non-discriminatory terms. In addition, the approach to this theme is of particular importance due to the scarcity of Portuguese legal literature on it. This fact can be justified as a result of the lack of technological industry existing in our country. In any case, and as Portugal is inserted in a European legal and economic panorama, it is essential that Portuguese legal science accompany these realities that, even if indirectly, affect the daily lives of our companies and consumers.

Date of Award	23 Jul 2020
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Sofia Oliveira Pais (Supervisor)