By A. E. Walsh, John Paxton (auth.)
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Extra info for Competition Policy: European and International Trends and Practices
The Court may uphold the Commission's decision or disallow it. This judgment is final either way. The measures which are available to the Commission for the enforcement of penalties in the Courts of the member States are the same as are available in each country for the enforcement of a civil debt. This is provided for by Articles 193, 164 and 92 of the treaties respectively for the European Economic Community, Euratom, and the European Coal and Steel Community. There is no appeal in the national Courts against the decision of the European Court of Justice.
In 1970 the Commission announced action which led to the abandonment of an agreement between various manufacturers of flat glass in the Common Market. Two manufacturers of plate glass were licensed by a manufacturer in a non-member State under the latter manufacturer's patented processes. One of these licence agreements stipulated restrictions on production and distribution after the expiry of the term of the patent. Resulting from the intervention of the Commission, the restrictions in the agreements were deleted (as well as certain market-sharing arrangements and restrictions on exporting to other Common Market countries).
D) Undertakings concerning the disclosure of experience gained in exploiting the invention or the grant of licences for inventions in the field of perfection or application; this, however, applies to undertakings entered into by the licensee only if those undertakings are not exclusive and if the licensor has entered into similar undertakings. (e) Undertakings on the part of the licensor: 1. not to authorise anyone else to exploit the invention; 2. not to exploit the invention himself. The appraisal of the clauses referred to at (a) to (e) is confined to clauses of a duration not exceeding the period of validity of the patent.