Compulsory Licensing as a Measure for Control of Competition Challenges of Mergers: A Comparative Study in E. U and Iranian Law

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RAHBARI EBRAHIM

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Journal: COMPARATIVE LAW REVIEW Year:2019 | Volume:10 | Issue:1 Page(s): 157-175

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Information Journal Paper

Title

Compulsory Licensing as a Measure for Control of Competition Challenges of Mergers: A Comparative Study in E. U and Iranian Law

Author(s)

RAHBARI EBRAHIM | Issue Writer Certificate

Keywords

MergerQ1

Competition lawQ2

Intellectual property lawQ2

Compulsory licensingQ1

Competition remediesQ1

Abstract

Undertakings seeking to utilize potentials of Mergers in order to improve their dynamic efficiency may confront with competition challenges. Accordingly Competition Authorities in balancing the necessity of removing competition concerns and providing a chance for gaining Merger benefits, try to employ different remedies at waiting period. Compulsory licensing has proved itself as a relative efficient remedy for competition modifying of proposed Mergers in IP domain. This research in the light of EU related rules as a leading legal system in this field, is going to determine the situation of Compulsory licensing among Competition remedies, its contents and framework in particular field of Mergers, enumerate its benefits and deficiencies and provide an optimized model for Compulsory licensing which has effective function in making balance between competition and innovation considerations of proposed Mergers. The comparison of achieved results of comparative study with approaches of Iranian law, makes clear that different aspects of Compulsory licensing and giving competition validity to Mergers and particular standards have been neglected and existing rules of competition and IP law suffer from wrong procedures and flaws which necessitate review of related rules.

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APA: Copy

RAHBARI, EBRAHIM. (2019). Compulsory Licensing as a Measure for Control of Competition Challenges of Mergers: A Comparative Study in E. U and Iranian Law. COMPARATIVE LAW REVIEW, 10(1 ), 157-175. SID. https://sid.ir/paper/246448/en

Vancouver: Copy

RAHBARI EBRAHIM. Compulsory Licensing as a Measure for Control of Competition Challenges of Mergers: A Comparative Study in E. U and Iranian Law. COMPARATIVE LAW REVIEW[Internet]. 2019;10(1 ):157-175. Available from: https://sid.ir/paper/246448/en

IEEE: Copy

EBRAHIM RAHBARI, “Compulsory Licensing as a Measure for Control of Competition Challenges of Mergers: A Comparative Study in E. U and Iranian Law,” COMPARATIVE LAW REVIEW, vol. 10, no. 1 , pp. 157–175, 2019, [Online]. Available: https://sid.ir/paper/246448/en

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