Intellectual Property and EU Competition Law

Author: Jonathan D.C. Turner
Publisher: Oxford University Press
ISBN: 9781904501459
Published In: March 2010
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
Reviews

Details

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 its 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.

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

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

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

"A comprehensive, detailed and accurate exposition of a controversial and increasingly important area of law" - Professor Jukka Snell, Swansea University

""set to become the leading work of reference on this difficult, but very important, subject" - David Vaughan CBE, QC (from the Foreword)"

"A clear exposition of the key issues, written by someone with a keen appreciation of both intellectual property and competition law" - Dr Ilanah Simon Fhima, Faculty of Laws, University College London