LES (SA) is hosting a series of three panel discussions highlighting the growing importance of the intersection between intellectual property law and competition law in South Africa. As economies become more intangible, the importance of intellectual property rights continues to increase, making insight into their competition law implications essential for legal practitioners, businesses, and policymakers. This series aims to provide practical guidance while contributing to the development of South African jurisprudence in this emerging field.
💻 TALK SERIES, PART 1: The Potential Anti-Competitive Effects of Patent Settlement and Trade Mark Co-Existence Agreements
We will analyse how patent settlements, particularly pay-for-delay agreements, and trade mark co-existence agreements might contravene competition law, outlining the risks and advising legal practitioners and industry professionals on key issues to be aware of.
📅 Date: 9 April 2026
⏲️ Time: 16:00 SAST.
🔗 Meeting link: https://teams.microsoft.com/meet/37048534581129?p=OAwE53p7vxB6CxXJRN
Speakers: Bronwen Moodie; Advocate Candice Slump; Dr Juletha-Marie Dercksen; Salomé Le Roux and Stephany Torres
TALK SERIES, PART 2: Anti-Competitive Clauses in IP Licensing Agreements and Refusal to License
- Time and date: 23 July 2026, 16:00 SAST.
- Speakers: TBC
We will explore the impact certain clauses often found in IP licensing agreements, specifically no-challenge clauses and grant-back obligations, and refusals to license have on competition and its objective of incentivising innovation.
TALK SERIES, PART 3: Standard Essential Patents (SEPs) and FRAND terms
- Time and date: 17 September 2026, 17:00 SAST.
- Speakers: TBC
We will examine the challenge of balancing the protection of patent rights, particularly SEPs, with the need to ensure fair competition.