Subjects:

Intellectual Property Law

Contents:

Preface

Table of Cases

Table of Legislation

PART I: INTRODUCTION

1. General Introduction

2. The Relationship between Intellectual Property Rights and Competition Law under the Treaty

PART II: ARTICLE 85 AND INTELLECTUAL PROPERTY CLEANSING

3. Introduction: Intellectual Property Licensing and Competition Policy Generally

4. The Structure of Article 85 and Licensing Agreements

5. The Development of the Concept of Restriction of Competition and Intellectual Property Licensing

6. The Development of the Commission's Block Exemption Policy for Technology Licensing Agreements

7. The Regulation of Territorial Restraints in Intellectual Property Right Licensing Agreements under Article 85

8. The Regulation of Non-Territorial Restraints in Licensing Agreements

9. Conclusion

PART III: ARTICLE 86 AND INTELLECTUAL PROPERTY RIGHTS

10. Introduction

11. The Relevant Market and Intellectual Property Rights

12. The Concept of Dominance and Intellectual Property Rights

13. The Concept of Abuse and Intellectual Property Rights

14. Refusals to Supply and Intellectual Property Rights

15. Tie-ins and Intellectual Property Rights

16. Excessive Pricing and Intellectual Property Rights

17. Discriminatory Pricing and Intellectual Property Rights

18. Predatory Pricing

19. Conclusions

I. EXCERPTS FROM THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY

II. Commission Regulation (EC) No. 240/96

III. Antitrust Guidelines for the Licensing of Intellectual Property (USA)

Bibliography

Index

This book is concerned with a dynamic area of European law: the tension between intellectual property and EC competition law. It demonstrates how, both under the EC Treaty and as a matter of economic policy, EC competition law must provide a set of outer limits to, and a framework of rules which regulate, the exploitation and licensing of intellectual property rights (IPRs).

It provides a template of the EC competition law rules as they relate to IPRs and explores how such a template can be applied to existing IPRs and adapted to new technologies such as telecommunications and information technology. This new paperback edition now makes it accessible to individual academics and students and will have appeal throughout Europe.