Patent Hold up and the pharma sector
Résumé
Patent hold-up is a complex and contemporary issue, at the confluence of competition law and intellectual property law. In recent years, this practice, which is carried out by patentees, has raised a number of difficulties in both the United States and the European Union. While patent hold-up originally appeared in the information and communication technology (ICT) sector, it is now spreading to the pharmaceutical sector. Should it be condemned or considered lawful under competition rules? This paper attempts to provide some food for thought in response to this question.