Recent Developments in The Interplay Between IP And Competition Law (Antitrust)

Moderator: Adv. Hagai Doron, S. Horowitz & Co.

  • Judge Prof. Ofer Grosskopf, Israeli Central District Court: Regulating the Transition from Monopoly to Competition – The Case of Patents Expiration in the Pharmaceutical Industry
  • Judge Iris Soroker, Rishon LeTzion Magistrate Court: Opening the market to Parallel Importation
  • ​Dr. Jurgen Dressel, Head Global Patent Litigation Strategy, ​Novartis Pharma: The Importance of Patents in the Pharmaceutical Sector – secondary pharmaceutical patents
  • Adv. Yonatan Cwikel, Israeli Antitrust Authority: Reverse Payment Settlements

Monday, March 21, 2:30 pm - 4:00 pm, Hall C

Antitrust law and intellectual property law have long been considered in tension. A patent carves out an exception to the applicability of antitrust laws. While antitrust law seeks to eliminate monopolies and encourage competition, intellectual property law rewards creators and inventors with a limited monopoly. Patent laws encourage monopoly power by granting patent holders the right to exclude and be free from competition, while antitrust law generally proscribes monopoly and encourages competition.
Recent years have proven particularly busy dealing with this interface, in Israel and abroad, with several landmark decisions granted by courts and regulators.
The session will bring together decision makers, regulators and stakeholders in the field of antitrust, to present, discuss and evaluate recent developments in the ever important interface and perhaps tension between IP law and Antitrust laws, given the principles and rationale guiding the two.
As this interface is not widely discussed or decided by courts and regulators in Israel, the composition of session speakers will enable to learn of experience, views and recent trends dealing with competition law and IP, as well as thoughts on how Israeli law should evolve in order to deal with this challenging task of balancing the IP and Antitrust doctrines.