Exclusive Patent Grant-Back License Does Not Violate Competition Law

The Supreme Court's judgment of 18 October 2013 is the latest in an ongoing dispute between, on the one hand, the Belgian company Meura and its parent company Boccard and, on the other hand, the companies Berewtec and Anheuser Busch Inbev ("Inbev").

Inbev and Berewtec hold the rights to a European Patent on a "filtering device". Inbev and Meura entered into an agreement under which Meura was granted an exclusive production and operation license for the filtering device in exchange for the payment of royalties. The agreement provides that, in case Meura were to make improvements to the original patent, Meura is bound to transfer part of the rights in this improvement to Inbev. Meura made such improvements and filed for a new patent to be registered jointly by Berewtec, Inbev and Meura.