Technology Transfer and the New EU Competition Rules: Intellectual Property Licensing after…

Hardcover | April 23, 2006

bySteven D. Anderman, John Kallaugher

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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) thecontext of the modernisation reforms of EC competition law generally; and (ii) the changes in treatment of "technology transfer" within the broader context of changes in treatment of IP rights over technology more generally. The book also considers the approach to assessment of IP issues set out inthe 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 caselaw: 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, criticising the approach taken by the Guidelines where the legal basis is unsure.

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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) thecontext of the modernisation reforms of EC ...

Steven D. Anderman is Professor of Law at Essex University. His work as Expert on Competition Policy to the Economic and Social Committee of the EU since 1984 has included succeeding Patent and Know-how Block Exemption Regulations, including the current Technology Transfer Block Exemption Regulations, the Merger Control Regulation, an...

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Kobo ebook|Mar 1 2007

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Format:HardcoverDimensions:392 pages, 9.69 × 6.73 × 1.03 inPublished:April 23, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199282145

ISBN - 13:9780199282142

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Table of Contents

Part IIntroduction1. Introduction2. The Development of the Regulatory Framework for IP Licensing in the ECPart IIThe New Framework for Analysis of IP Issues3. The 'Modernisation' of EU Competition Law Enforcement - the New Analytical Paradigm for Applying Article 81 Analytical Paradigm for Applying Article 814. Applying the Economics-based Approach to Article 81: Assessing Competitive Harm and Economic Benefit5. IP Licensing under the New Paradigm6. Market DefinitionPart IIIApplying the Methodology to Agreements Under the New Rules7. 'Vertical' Agreements for Technology Transfer between 'Non-competitors'8. Licensing between Competitors9. Cooperative Development and Exploitation of Technology - Standard Setting; Technology Pools; and Joint Research and Development10. Technology Licensing and Article 82AppendicesA. The Main Features of the New Technology Transfer RegulationB. Technology Transfer Block Exemption RegulationC. Commission Notice Guidelines on the application of Article 81 of the EC Treaty to technology transfer agreements (2004/C 101/02)