The Competition Act, Patents and Over Hyped Drugs – Part III
Lets start today with an overview of some of the sections of the Competition Act that might have a bearing on any patent related competition issues: Chapter II of the Act proscribes Anti Competitive agreements including tie-in arrangements, exclusive supply agreements, exclusive distribution agreements, refusals to deal and resale price maintenance. Sub-section (5) of section 3 however provides (inter alia) that the section shall not be read to restrict the “right of any person to restrain any infringement of, or …
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