Windsurfing

The Windsurfing Case usually refers to an early case under European Competition law Case 193/83 (ECJ 1986) in which a patent holder was found to have engaged in misuse of its patents. Windsurfing International had a patent on a type of gooseneck connector for its mast rig to a surfboard. It attempted to license the rig with restrictions that effectively required licensees to only use the rig in conjunction with boards that it had approved, effectively to seek a portion of the value of boards. This was held to be illegal tying by the European Court of Justice and thus patent misuse. It should be noted that there were other “Windsurfing cases” before the US and UK courts dealing with patent misuse and other aspects of the patent.

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