The Extraterritorial Effects of Antitrust Law on Transfer of Technology Transactions
Series: IIC Studies (IIC = International Review of Industrial Property & Copyright Law);
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Product details:
- Publisher Wiley-Vch
- Date of Publication 15 December 1987
- ISBN 9783527269198
- Binding Hardback
- No. of pages194 pages
- Size 235x155x12 mm
- Weight 370 g
- Language German 0
Categories
Short description:
This book tackles the problem of determining which national or supranational laws will be applicable to international transfer of technology transactions. It therefore is of particular interest to practitioners in this field, who will find it helpful for drafting and negotiating international transfer of technology contracts.
MoreLong description:
This book tackles the problem of determining which national or supranational laws will be applicable to international transfer of technology transactions. It therefore is of particular interest to practitioners in this field, who will find it helpful for drafting and negotiating international transfer of technology contracts.
The study focuses on the extraterritorial effects of antitrust laws as they have been developed and applied in the United States and the European Economic Community, taking into consideration, where necessary, other antitrust systems from a comparative perspective. The author's analysis of the problem reveals that an adequate equilibrium between the different legal systems involved may be attained through the application of certain basic general principles of international law. To this extent, the book constitutes an important contribution to the general doctrine of international antitrust law.
Cabanellas is also author of the book 'Antitrust and Direct Regulation of International Transfer of Technology Transactions' (IIC Studies, Volume 7. 1984. 175 pages. DM 68,-. VCH Verlagsgesellschaft, Weinheim). This book gives a comprehensive overview of the rules that apply directly to the international transfer of technology and compares them with the rules that apply to such transactions under antitrust and
Table of Contents:
Preface
Abbreviations
INTRODUCTION
THE GENERAL EXTRATERRITORIAL EFFECTS OF ANTITRUST LAW
The Meaning of the Extraterritorial Antitrust and Industrial Property
The Nature of Antitrust Law
The General Principles on the Extraterritorial Application of Penal Law
Extraterritorial Effects of Antitrust Law from a Comparative Perspective
Objections to the Extraterritorial Effects of Antitrust Law
The Extraterritorial Adjudicatory Jurisdiction in Antitrust Matters
THE RELATION BETWEEN EXTRATERRITORIAL ANTITRUST AND INDUSTRIAL PROPERTY
Potential Conflicts of Laws in International Transfer of Technology Cases
The Relavance of Foreign Laws and Governmental Acts in Antitrust Matters
Conflict of Laws Rules on Industrial Property Rights
The Status of Industrial Property Rights in International Law
THE EFFECTS OF ANTITRUST ON SPECIFIC PROVISIONS OF INTERNATIONAL TRANSFER OF TECHNOLOGY TRANSACTIONS
Territorial Restraints
Field of Use Restrictions
Grantbacks
Tying Arrangements
Package Licensing
Price Restraints
Quantitiy Restraints
Royalty Provisions
No-Contest Clauses
Automatic Extensions of Licensing Agreements
Non-Competition Clauses
Pooling and Cross-Licensing Agreements
CONCLUSION
Bibliography
Index
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