Product details
- Categories: Intellectual Property
- Publisher: EDWARD ELGAR PUBLISHING
- Collection: Elgar Competition Law and Practice series
- ISBN: 9781781006887
- Publication Date: 19/07/2024
- Binding: Paperback
- Number of pages: 554
- Language: English
Summary
This authoritative book from one of the top experts in the field sets
out a detailed and practical analysis of the complex and often fraught
relationship between EU competition rules and intellectual property
rights (IPRs).
Beginning with a primer on the general
principles that underpin intellectual property and competition law, the
book then provides exhaustive coverage of the application of Article 101
TFEU on anticompetitive agreements to IP licensing. Detailed treatment
of licensing agreements includes; agreements under the Technology
Transfer Block Exemption regulation (TTBER); agreements outside of the
scope of the TTBER, such as multilateral licences, pooling agreements
and settlement agreements; horizontal agreements such as those relating
to R&D; and vertical agreements such as those relating to
distribution and franchising.
Extensive analysis of the
application of Article 102 TFEU on abuse of dominance provides clarity
on when and how conduct relating to IPRs might infringe Article 102.
This is followed by a chapter dedicated to the EU merger control regime
and its implications for IPRs, including their role in merger remedies.
Whilst there is a focus on the Tech sector throughout, the book also
includes a chapter dedicated to the pharmaceutical sector, and finally a
chapter on Competition Law standards and FRAND.
Key Features:
● Focus on the Tech and Pharmaceutical sectors
● Extensive commentary on relevant case law and landmark judgments
● Coverage of general principles which underpin competition law and IPRs
● Practical guidance on how lawyers might assess the likelihood of infringement and advise clients accordingly
● Comprehensive treatment of competition rules relating to licence agreements across Patents, Copyright and Trade Marks
EU Competition Law and Intellectual Property Rights is an essential
resource for competition lawyers litigating Tech and Pharma cases and
advising companies in those sectors, for in-house counsel within those
industries, and for IP lawyers needing to understand the competition
aspects of licensing agreements. It is also an indispensable reference
for courts, enforcement agencies and national competition authorities,
as well as for scholars researching in the field.
Table of contents
Contents:
Preface
Table of cases
Table of legislation
Introduction to EU law and intellectual property rights: scope and approach
1 Competition and IP law interface
2 Article 101 TFEU and IP Licensing
3 Technology Transfer Block Exemption
4 Competition law assessment of technology licences outside the TTBER
5 Other agreements involving IP licences
6 IP, dominance and abuse
7 Mergers and IP
8 IPR/Competition law issues in the pharmaceutical sector
9 Competition law, standards and FRAND