Intellectual Property and EU Competition Law

1. Auflage 2010
ISBN: 978-1-904501-45-9
Verlag: Richmond Law & Tax

Buch, Englisch, 384 Seiten, Format (B × H): 171 mm x 246 mm, Gewicht: 804 g

Provides a thorough yet accessible analysis of one of the more complex areas of EU commercial law
Explains the fundamental principles and policy on the interface between intellectual property and competition law, with detailed accounts of the key case-law and official guidance
Approaches the subject from a practical viewpoint, analysing ist impact under the three broad headings of Technology, Culture and Branding

The interface between intellectual property rights and competition policy is one of the most important and difficult areas of EU commercial law. Traditionally seen as involving a conflict between monopoly rights and the promotion of competition, the relationship is now regarded as a more subtle and complex one between regimes which promote different forms of competition in different ways.

These regimes have to be reconciled against the background of a complicated relationship between EU law, national laws and international treaties relating to intellectual property. There have been major developments in this area in recent years, including cases such as Microsoft, DSD, GlaxoSmithKline and Astra-Zeneca, the Commission's guidance on exclusionary abuses of dominant position, the investigation into the pharmaceutical sector, the Technology Transfer Block Exemption, and the Commission's Guidelines on Technology Transfer.

This book contains a detailed explanation of the application of EU competition law to all types of intellectual property, including recent developments, 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 patent pools, research and development, exploitation of television rights, franchising and resolution of trademark conflicts.

Zielgruppe

Solicitors and barristers specialising in competition law and intellectual property law, academics working in those fields.

Autoren/Hrsg.

D.C. Turner, Jonathan

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäischer Gewerblicher Rechtsschutz, Medien-, IT- und Urheberrecht
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Handels-, Wirtschafts- und Gesellschaftsrecht, Währungsrecht

Inhaltsverzeichnis

1: Principles
The interface between intellectual property rights and EU competition law
Application of Article 81 (ex 85)
Application of Article 82 (ex 86)
Control of concentrations
2: Technology
Overview
Technology transfer
Technology pools
Sub-contracting agreements
Joint research and development
3: Culture, Media and Sport
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 relating to culture, media and sports
Collecting societies
Joint exploitation of television rights to major sporting events
Other collective or joint arrangements
4: Branding
Functions. Existence and justified scope
Horizontal market-partitioning
Conflict resolution
Distribution
Franchising and merchandising
Recycling services

Über Autor(innen)

Jonathan D.C. Turner, Barrister, 13 Old Square, London