Technology Transfer and the New EU Competition Rules

Author: Steve Anderman; John Kallaugher
Publisher: Oxford University Press
ISBN: 9780199282142
Published In: March 2006
Format: Hardback , 392 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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A timely examination of the completely revised EC competition law regime for intellectual property licensing
Step-by-step guidance on the new "self-assessment" approach to exemption
Considers to what extent old case law is valid today, allowing practitioners to assess whether their existing agreements comply with the new law
Makes the recent changes in the treatment of intellectual property readily understandable to specialists and non-specialists alike
Draws important lessons for IP licensing from case law in other sectors
Written by expert authors combining analytical skills with practical understanding of the subject

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 in treatment 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, criticising the approach taken by the Guidelines where the legal basis is unsure.

Readership: Legal practitioners, both non-specialists and specialists in intellectual property and competition law; in-house counsel; academics; post-graduate students; reference libraries.

Part IIntroduction
1: Introduction
2: The Development of the Regulatory Framework for IP Licensing in the EC
Part IIThe New Framework for Analysis of IP Issues
3: The 'Modernisation' of EU Competition Law Enforcement - the New Analytical Paradigm for Applying Article 81 Analytical Paradigm for Applying Article 81
4: Applying the Economics-based Approach to Article 81: Assessing Competitive Harm and Economic Benefit
5: IP Licensing under the New Paradigm
6: Market Definition
Part IIIApplying the Methodology to Agreements Under the New Rules
7: 'Vertical' Agreements for Technology Transfer between 'Non-competitors'
8: Licensing between Competitors
9: Cooperative Development and Exploitation of Technology - Standard Setting; Technology Pools; and Joint Research and Development
10: Technology Licensing and Article 82
Appendices
A: The Main Features of the New Technology Transfer Regulation
B: Technology Transfer Block Exemption Regulation
C: Commission Notice Guidelines on the application of Article 81 of the EC Treaty to technology transfer agreements (2004/C 101/02)