Intellectual Property and Competition Law

Author: Peter Chrocziel; Moritz Lorenz; Wolrad Prinz zu Waldeck und Pyrmont
Publisher: Kluwer Law International
ISBN: 9789041166692
Published In: July 2016
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Intellectual Property and Competition Law is the first publication to focus in depth on the intersection of intellectual property (IP) law and competition law in a European context.

Inevitably, every marketed product or service can always be located at the intersection of IP law and competition law – a nexus rife with potential problems throughout the ‘life’ of IP rights. This important book, masterfully elucidates the effects of the provisions of European competition law on IP rights, and the consequences for IP rights owners from the rights’ inception to its transfer, sale, or demise.

What’s in this book: The author describes and analyses the following topics, and more, in detail:-

characteristics, purpose and theoretical justifications of IP rights;
obtaining, maintaining, and exploiting an IP right;
effects of the provisions of European competition law regarding cartels, block exemptions, abuse of dominant position, free movement of goods, and merger control;
competition between originator companies and generic companies;
licensing, especially the problem of refusal to grant a license;
enforcement of an IP right; and
waiver of an IP right.

The book analyses all major cases affecting aspects of the intersection of IP law and competition law, supported by an examination of the historical background and political influence concerning these two areas of European law. There are also special chapters on the prominent and influential national, legal systems of Germany, the United States, China, The Netherlands and the United Kingdom. An annex provides texts of the major antitrust regulations dealing with European IP rights.

How this will help you:

As a ‘biography’ of IP rights focusing on areas of entanglement with European competition law, this book is without peer. The book’s clear-sighted view of the status quo and emerging trends in the two fields of IP rights and European competition law provides valuable insights to practitioners, policymakers, and academics dealing with issues at the intersection of intellectual property law and competition law in Europe, and elsewhere.

Editors

Contributors

Preface

Foreword

CHAPTER 1 Introduction

Peter Chrocziel & Wolrad Prinz zu Waldeck und Pyrmont

CHAPTER 2 European Union Law

Peter Chrocziel, Moritz Lorenz & Wolrad Prinz zu Waldeck und Pyrmont

CHAPTER 3 Germany

Moritz Lorenz

CHAPTER 4 United Kingdom

Marc Dominic Mimler

CHAPTER 5 The Netherlands

Jelle Drok & Elske Raedts

CHAPTER 6 United States

Linda H. Martin & Elizabeth M. Zito

CHAPTER 7 China

Richard Bird, Ninette Dodoo & Timothy Lamb

Appendices: Major Antitrust Regulations dealing with IP Rights

APPENDIX I Treaty on the Functioning of the European Union (Excerpts)

APPENDIX II Commission Notice on agreements of minor importance which do not appreciably restrict competition under Article 101 (1) TFEU (De Minimis Notice)

APPENDIX III Commission notice on the definition of relevant market for the purposes of Community competition law

APPENDIX IV Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101 (3) TFEU to categories of vertical agreements und concerted practices

APPENDIX V Commission Regulation No 1218/2010 of 14 December 2010 on the application of Article 101 (3) TFEU to categories of specialisation agreements

APPENDIX VI Commission Regulation No 1217/2010 of 14 December 2010 on the application of Article 101 (3) TFEU to categories of research and development agreements

APPENDIX VII Commission Regulation (EC) No 316/2014 of 21 March 2014 on the application of Article 101 (3) TFEU to categories of technology transfer agreements

APPENDIX VIII Guidelines on the application of Article 101 TFEU to technology transfer agreements

Index