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Vol 23 No 1 Jan/Feb 2018

Book of the Month

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The Law of Privilege

Edited by: Bankim Thanki
Price: £195.00

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Intellectual Property Licences and Technology Transfer: A Practical Guide to the New European Licensing Regime

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ISBN13: 9781843340898
ISBN: 1843340895
Published: January 2004
Publisher: Chandos Publishing
Country of Publication: UK
Format: Paperback
Price: £55.00

Despatched in 11 to 13 days.

This book examines vital new changes by the European Commission to the law governing the enforceability of intellectual property licences in Europe. Agreements which contain the grant of a licence by one party to another of intellectual property rights are subject to European competition (anti-trust) laws.

In particular, many agreements containing licences of patent rights and rights in confidential information and technical know-how are caught by Article 81(1) of the EC Treaty, which prohibits agreements between undertakings which prevent, restrict or distort competition in the Common Market. However, because licences of intellectual property rights usually facilitate the transfer of technology from one undertaking to another, and the licensor and licensee will often operate at different levels of the market, many licences of intellectual property rights may benefit from an automatic exemption under Article 81(3) of the EC Treaty.

On 1 May 2004, this exemption is being radically overhauled, as part of the European Commission's drive to modernise European competition law. This book examines the changes in that legislation.

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Introduction - intellectual property rights
exploitation of intellectual property rights (licences and other agreements)
the impact of competition law
Article 81(1) of the EC Treaty
Article 81(3) of the EC Treaty (individual exemption
block exemption
Regulation (EC) No.
240/96). Modernisation - the Modernisation Regulation (EC) No.
1/2003 (abolition of the notification procedure)
an economics based approach
market power (product markets
geographic markets
methodologies). The new Technology Transfer Block Exemption Regulation - competitors or non-competitors (flow diagram)
technology markets
agreements between non-competitors
agreements between competitors
transitional arrangements. Hardcore restrictions - improvements (grant back of exclusive licence
no-challenge clauses
limiting of output
limiting of licensee's ability to exploit its own technology. Article 81(3)Challenging the legality of licence agreements - in the Courts
complaints to the European Commission. Conclusions - risk assessment