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  • Technology Transfer and the EU Competition Rules

    Technology Transfer and the EU Competition Rules by Anderman, Steven; Kallaugher, John;

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    Product details:

    • Edition number 2
    • Publisher OUP Oxford
    • Date of Publication 25 February 2028

    • ISBN 9780198726067
    • Binding Hardback
    • No. of pages472 pages
    • Size 246x171 mm
    • Language English
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    Short description:

    Written by two leading authorities in the field, the work offers an timely examination of the revised EU competition law regime for intellectual property licensing.

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    Long description:

    This work examines the revised Technology Transfer Block Exemption Regulation and its accompanying guidelines. The new edition has been fully updated to analyse the changes that the new Guidelines have introduced to existing competition laws, including bilateral licensing.

    The text reflects on the application of the Technology Transfer Block Exemption Regulation since it was brought into force in 2004, and presents a number of significant developments and judgements in the application of Article 102 to technology licensing. The book includes a chapter on the application of Article 102 to patent agreements and the "patent wars." The new cases analysed include the "pay for delay" cases such as Lundbeck and the cases where owners of Standard Essential Patents have attempted to obtain a higher than FRAND return by various means.

    Written by two leading authorities in the field, the work offers a timely examination of the revised EU competition law regime for intellectual property licensing.

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    Table of Contents:

    Part I Introduction
    Introduction
    The Development of the Regulatory Framework for IP Licensing in the EC
    Part II The New Framework for Analysis of IP Issues
    The 'Modernisation' of EU Competition Law Enforcement - the New Analytical Paradigm for Applying Article 81 Analytical Paradigm for Applying Article 81
    Applying the Economics-based Approach to Article 81: Assessing Competitive Harm and Economic Benefit
    IP Licensing under the New Paradigm
    Market Definition
    Part III Applying the Methodology to Agreements Under the New Rules
    'Vertical' Agreements for Technology Transfer between 'Non-competitors'
    Licensing between Competitors
    Cooperative Development and Exploitation of Technology - Standard Setting; Technology Pools; and Joint Research and Development
    Technology Licensing and Article 82
    Appendices
    The Main Features of the New Technology Transfer Regulation
    Technology Transfer Block Exemption Regulation
    Commission Notice Guidelines on the application of Article 81 of the EC Treaty to technology transfer agreements (2004/C 101/02)

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