Technology Transfer and the New EU Competition Rules
Intellectual Property Licensing after Modernisation
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Product details:
- Publisher OUP Oxford
- Date of Publication 23 March 2006
- ISBN 9780199282142
- Binding Hardback
- No. of pages392 pages
- Size 254x178x26 mm
- Weight 808 g
- Language English 0
Categories
Long description:
The new Technology Transfer Block Exemption Regulation (in force from May 1, 2004) signals a profound change in the nature of the regulatory framework for technology licensing under EU competition law. This book examines the new Regulation in detail, placing it in the wider context of: (i) the context of the modernisation reforms of EC competition law generally; and (ii) the changes in treatment of "technology transfer" within the broader context of changes intreatment of IP rights over technology more generally. The book also considers the approach to assessment of IP issues set out in the Guidelines that accompany the Regulation.The central feature of the Commission's new approach is that firms and practitioners must engage in self-assessment to determine whether their agreements comply with Community competition law. Paradoxically, this makes it more important that practitioners understand the significance of the old case law: the book considers to what extent these cases remain valid today. It also goes beyond paraphrasing the Commission's Guidelines, discussing their legal basis and, where appropriate, criticisingthe approach taken by the Guidelines where the legal basis is unsure.
MoreTable of Contents:
Introduction
Introduction
The Development of the Regulatory Framework for IP Licensing in the EC
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
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)
