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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Intellectual Property and EU Competition Law 2nd ed

ISBN13: 9780198708247
Previous Edition ISBN: 9781904501459
Published: October 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £175.00

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The interface between intellectual property rights and competition policy is one of the most important and difficult areas of EU commercial law and corresponding national laws.

The exploitation of exclusive rights can conflict with competition law, which aims to preserve competition as the driving force in efficient markets. These conflicts have to be resolved against the background of a complicated relationship between EU law, national laws, and international treaties relating to intellectual property.

This second edition of an extremely well-reviewed work covers numerous developments that have taken place since the first edition, including the revision of the Technology Transfer Block Exemption and Guidelines, the adoption of a new block exemption for Research and Development, revised Guidelines on horizontal co-operation, the implications of the UsedSoft judgment on exhaustion of rights, EU legislation regulating collecting societies, and cases concerning the abuse of dominant position by misuse of the patent system such AstraZeneca v Commission.

The book contains a detailed explanation of the application of EU competition law to all types of intellectual property 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 pools, standards, research and development, collecting societies, franchising, and merchandising. The first edition was quoted with approval by the English Court of Appeal.

Competition Law, Intellectual Property Law
1. Fundamental elements of the interface between intellectual property rights and EU competition law
2. Application of Article 101 to agreements relating to intellectual property
3. Application of Article 102 to conduct involving intellectual property
4. Control of concentrations involving intellectual property assets
5. Technology, science, designs, and software
6. Culture, media, and sport
7. Branding