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Vol 21 No 11 Nov/Dec 2016

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Technology Transfer and the EU Competition Rules: Intellectual Property Licensing after Modernisation 2ed


ISBN13: 9780198726067
Previous Edition ISBN: 9780199282142
To be Published: June 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £125.00



This work examines the revised Technology Transfer Block Exemption Regulation and its accompanying guidelines.

The new edition has been fully updated to analyse the changes that the new Guidelines have introduced to existing competition laws, including bilateral licensing. The text reflects on the application of the Technology Transfer Block Exemption Regulation since it was brought into force in 2004, and presents a number of significant developments and judgements in the application of Article 102 to technology licensing. The book includes a chapter on the application of Article 102 to patent agreements and the "patent wars." The new cases analysed include the "pay for delay" cases such as Lundbeck and the cases where owners of Standard Essential Patents have attempted to obtain a higher than FRAND return by various means.

Written by two leading authorities in the field, the work offers a timely examination of the revised EU competition law regime for intellectual property licensing.

Subjects:
Competition Law, Intellectual Property Law
Contents:
PART I INTRODUCTION
1. Introduction
2. The Development of the Regulatory Framework for IP Licensing in the EC

PART II THE 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 III APPLYING 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)