Switzerland
United Arab Emirates
Patents (including Plant Variety Protection)
5. Please explain how in your legislation the notion of "anti-competitive practice" is defined, as referred to in Article 31 of the TRIPS Agreement. Are there any judicial or administrative decisions referring to the interpretation of this expression? If so, please indicate these decisions and comment them briefly.
The current Law does not indicate the notion of anti-competitive practices as referred to in Article 31(k) of the TRIPS Agreement. However the draft amendment indicates that if the invention is related to semiconductors technology, the licensing should only be granted for public and non-commercial use or to remedy a practice determined after Judicial or administrative process to be anti-competitive. The notion of anti-competitive practices is indicated in various laws such as the Industrial Law and the Anti-fraud and Defraud Law.