EC Competition Law and Intellectual Property Rights
The Regulation of Innovation
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Product details:
- Publisher Oxford University Press
- Date of Publication 30 November 2000
- ISBN 9780198299240
- Binding Paperback
- No. of pages348 pages
- Size 234x155x19 mm
- Weight 496 g
- Language English 0
Categories
Short description:
This book is concerned with a dynamic area of European law: the tension between intellectual property and EC competition law. It demonstrates how, both under the EC Treaty and as a matter of economic policy, EC competition law must provide a set of outer limits to, and a framework of rules which regulate, the exploitation and licensing of intellectual property rights (IPRs). It provides a template of the EC competition law rules as they relate to IPRs, and explores how such a
template can be applied to existing IPRs and adapted to new technologies, such as telecommunications and information technology. This new paperback edition now makes it accessible to individual academics and students and will have appeal throughout Europe.
Long description:
This book is concerned with a dynamic area of European law: the tension between intellectual property and EC competition law. It demonstrates how, both under the EC Treaty and as a matter of economic policy, EC competition law must provide a set of outer limits to, and a framework of rules which regulate, the exploitation and licensing of intellectual property rights (IPRs). It provides a template of the EC competition law rules as they relate to IPRs and explores how such a
template can be applied to existing IPRs and adapted to new technologies such as telecommunications and information technology. This new paperback edition now makes it accessible to individual academics and students and will have appeal throughout Europe.
Table of Contents:
Preface
Table of Cases
Table of Legislation
Part I: Introduction
General Introduction
The Relationship between Intellectual Property Rights and Competition Law under the Treaty
Part II: Article 85 and Intellectual Property Cleansing
Introduction: Intellectual Property Licensing and Competition Policy Generally
The Structure of Article 85 and Licensing Agreements
The Development of the Concept of Restriction of Competition and Intellectual Property Licensing
The Development of the Commission's Block Exemption Policy for Technology Licensing Agreements
The Regulation of Territorial Restraints in Intellectual Property Right Licensing Agreements under Article 85
The Regulation of Non-Territorial Restraints in Licensing Agreements
Conclusion
Part III: Article 86 and Intellectual Property Rights
Introduction
The Relevant Market and Intellectual Property Rights
The Concept of Dominance and Intellectual Property Rights
The Concept of Abuse and Intellectual Property Rights
Refusals to Supply and Intellectual Property Rights
Tie-ins and Intellectual Property Rights
Excessive Pricing and Intellectual Property Rights
Discriminatory Pricing and Intellectual Property Rights
Predatory Pricing
Conclusions
Excerpts from the Treaty establishing the European Community
Commission Regulation (EC) No. 240/96
Antitrust Guidelines for the Licensing of Intellectual Property (USA)
Bibliography
Index
