Intellectual Property and EU Competition Law
Edition number: 2
Publisher: OUP Oxford
Date of Publication: 8 October 2015
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Product details:
| ISBN13: | 9780198708247 |
| ISBN10: | 0198708246 |
| Binding: | Hardback |
| No. of pages: | 544 pages |
| Size: | 250x178x34 mm |
| Weight: | 1 g |
| Language: | English |
| 0 |
Category:
Short description:
A detailed explanation of the application of EU competition law to all types of intellectual property and the resulting regulatory framework for the exploitation and licensing of intellectual property rights
Long description:
The interface between intellectual property rights and competition policy is one of the most important and difficult areas of EU commercial law and corresponding national laws. The exploitation of exclusive rights can conflict with competition law, which aims to preserve competition as the driving force in efficient markets. These conflicts have to be resolved against the background of a complicated relationship between EU law, national laws, and international treaties relating to intellectual property.
This second edition of an extremely well-reviewed work covers numerous developments that have taken place since the first edition, including the revision of the Technology Transfer Block Exemption and Guidelines, the adoption of a new block exemption for Research and Development, revised Guidelines on horizontal co-operation, the implications of the UsedSoft judgment on exhaustion of rights, EU legislation regulating collecting societies, and cases concerning the abuse of dominant position by misuse of the patent system such AstraZeneca v Commission.
The book contains a detailed explanation of the application of EU competition law to all types of intellectual property and the resulting regulatory framework for the exploitation and licensing of intellectual property rights. It has practical analysis of such issues as technology transfer and pools, standards, research and development, collecting societies, franchising, and merchandising.
The first edition was quoted with approval by the English Court of Appeal.
Intellectual Property and EU Competition Law offers a detailed and authoritative exposition of how EU competition law relates to IP ... Turner's book is an invaluable tool for practitioners and in-house counsel advising on issues arising from such interaction. It is written by a lawyer for lawyers.
This second edition of an extremely well-reviewed work covers numerous developments that have taken place since the first edition, including the revision of the Technology Transfer Block Exemption and Guidelines, the adoption of a new block exemption for Research and Development, revised Guidelines on horizontal co-operation, the implications of the UsedSoft judgment on exhaustion of rights, EU legislation regulating collecting societies, and cases concerning the abuse of dominant position by misuse of the patent system such AstraZeneca v Commission.
The book contains a detailed explanation of the application of EU competition law to all types of intellectual property and the resulting regulatory framework for the exploitation and licensing of intellectual property rights. It has practical analysis of such issues as technology transfer and pools, standards, research and development, collecting societies, franchising, and merchandising.
The first edition was quoted with approval by the English Court of Appeal.
Intellectual Property and EU Competition Law offers a detailed and authoritative exposition of how EU competition law relates to IP ... Turner's book is an invaluable tool for practitioners and in-house counsel advising on issues arising from such interaction. It is written by a lawyer for lawyers.
Table of Contents:
Introdcution
Basic Principles
Existence of Intellectual Property Rights
Justified Scope of Intellectual Property Rights under EU Law
Introduction
Agreement between Undertakings, Concerted Practice, or Decision of Association of Undertakings
Effect on Trade between Member States
Prevention, Restriction, or Distortion of Competition
Exemption under Article 101 (3)
Consequences of the Application of Article 101
Introduction
Dominant Position
Abuse by Conduct Involving Intellectual Property
Effect on Trade between Member States
Consequences of the Application of Article 102
Introduction
Ancillary Restrictions Relating to Intellectual Property
Assessment of whether Operation is a Concentration: Intellectual Property Issues
Appraisal of Concentration: Relevance of Intellectual Property
Remedies Affecting Intellectual Property
Overview
Technology Transfer
Technology Pools, Standards, and FRAND Terms
Joint Research and Development
Subcontracting and Specialization Agreements: Intellectual Property Issues
Copyright, Related Rights, and Other Legal Characteristics of Markets in the Fields of Culture, Media, and Sport
General Issues in the Application of EU Competition Law to the Exploitation of Intellectual Property Rights in these Fields
Collecting Societies
Joint Exploitation of Television Rights to Major Sporting Events
Other Collective or Joint Arrangements Regarding Intellectual Property Rights in the Fields of Culture, Media, and Sport
Functions, Existence, and Justified Scope of Brand Protection by Trademarks and Other Rights
Horizontal Market Partitioning Using Branding
Resolution of Brand Conflicts
Terms Relating to Branding in Distribution Agreements
Franchising and Merchandising
Licensing Brands in Other Contexts
Basic Principles
Existence of Intellectual Property Rights
Justified Scope of Intellectual Property Rights under EU Law
Introduction
Agreement between Undertakings, Concerted Practice, or Decision of Association of Undertakings
Effect on Trade between Member States
Prevention, Restriction, or Distortion of Competition
Exemption under Article 101 (3)
Consequences of the Application of Article 101
Introduction
Dominant Position
Abuse by Conduct Involving Intellectual Property
Effect on Trade between Member States
Consequences of the Application of Article 102
Introduction
Ancillary Restrictions Relating to Intellectual Property
Assessment of whether Operation is a Concentration: Intellectual Property Issues
Appraisal of Concentration: Relevance of Intellectual Property
Remedies Affecting Intellectual Property
Overview
Technology Transfer
Technology Pools, Standards, and FRAND Terms
Joint Research and Development
Subcontracting and Specialization Agreements: Intellectual Property Issues
Copyright, Related Rights, and Other Legal Characteristics of Markets in the Fields of Culture, Media, and Sport
General Issues in the Application of EU Competition Law to the Exploitation of Intellectual Property Rights in these Fields
Collecting Societies
Joint Exploitation of Television Rights to Major Sporting Events
Other Collective or Joint Arrangements Regarding Intellectual Property Rights in the Fields of Culture, Media, and Sport
Functions, Existence, and Justified Scope of Brand Protection by Trademarks and Other Rights
Horizontal Market Partitioning Using Branding
Resolution of Brand Conflicts
Terms Relating to Branding in Distribution Agreements
Franchising and Merchandising
Licensing Brands in Other Contexts
