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Vol 22 No 8 August/Sept 2017

Book of the Month

Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
Price: £110.00

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The Interface between Competition Law, Patents and Technical Stadards


ISBN13: 9789041154187
Published: November 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £104.00



Low stock.

The waging of ‘patent wars’ – in which the focal point is the assertion of patents that are essential to the implementation of technical standards (‘essential patents’ or ‘SEPs’) – is among the prominent features of today’s litigation landscape.

In line with this development, competition authorities strive to ensure that the market power obtained by holding SEPs is not abused to the detriment of effective competition. It has indeed been shown that a single SEP is sufficient to block third parties from implementing the standard to which it relates, thus effectively excluding competitors from the market.

This systematic analysis lucidly details the role played by competition law in ensuring that holders of SEPs do not unduly exploit their advantage. The author describes how market power, often amounting to dominance, is obtained by proprietors of SEPs, and then proceeds to set out the framework under which the legality of standardization agreements must be assessed, finally highlighting the role of competition law in preventing patent-related abuse arising after a standard is adopted.

Among the often complex issues clearly explained are the following:

  • ‘fair, reasonable and non-discriminatory terms’ (FRAND);
  • technical standards as drivers of innovation and consumer welfare;
  • conditions governing the standard-setting process;
  • the concepts of ‘patent hold-up’ and ‘patent ambush’;
  • refusal to license;
  • establishing deception ex ante and abuse ex post; and
  • availability of injunctive relief.
In addition to drawing on all relevant EU competition laws and the Commission’s guidelines, the analysis extends when applicable to case law of EU Member States and to pertinent US sources, including literature, case law, and Federal Trade Commission documents.

This book achieves a number of important goals. It explores how Articles 101 and 102 TFEU have been applied, and how it is likely that they will be applied, to prevent, identify, and sanction patent-related abuse in the context of technical standards. It underscores the necessity for a sound legal framework capable of guiding the conduct of patentees and providing an incentive to participate in formal standard-setting activities in order to unlock the economic potential of standardization. It provides guidance to stakeholders, policymakers, and courts on how the current competition law regime applies to technical standards and, where gaps exist, suggests the most likely interpretation of the applicable law. For these reasons and more it will prove to be of great value to lawyers, business persons, and officials working at this crucial nexus of competition law and patent law.

Subjects:
Competition Law, Intellectual Property Law
Contents:
Preface.

PART I Prologue.
CHAPTER 1 Introduction.
CHAPTER 2 Recent Trends and Developments: An Overview.
CHAPTER 3 Relevant Legal Issues.
CHAPTER 4 Background.
CHAPTER 5 Structure.

PART II Understanding Technical Standards.
CHAPTER 6 What Is a Technical Standard?.
CHAPTER 7 Types of Technical Standards.

PART III Market Power.
CHAPTER 8 The Link between Market Power and Standardization.

PART IV Adoption of Formal Standards.
CHAPTER 9 Standardization Agreements.
CHAPTER 10 Patent Ambush.

PART V Exercise of Essential Patents.
CHAPTER 11 Non-FRAND License Terms.
CHAPTER 12 Refusals to License.
CHAPTER 13 Essential Patents and Injunctive Relief.

PART VI Concluding Remarks.
CHAPTER 14 Conclusion and Perspective.

ANNEX
Overview of Select IPR Policies.
References.
Bibliography.
Table of Cases.
Index.

Series: International Competition Law

The EU Leniency Policy. Reconciling Effectiveness and Fairness ISBN 9789041184795
To be published October 2017
Kluwer Law International
£104.00
Directory of EU Case Law on Competition 2nd ed ISBN 9789041183637
Published August 2017
Kluwer Law International
£209.00
£108.00
Directory of EC Case Law on State Aids 2nd ed ISBN 9789041167217
Published June 2016
Kluwer Law International
£204.00
The Role of Economic Analysis in EU Competition Law: The European School 4th ed ISBN 9789041162458
Published May 2016
Kluwer Law International
£154.00
£124.00
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
£152.00
The Substantive Appraisal of Joint Ventures Under the EU Merger Control Regime ISBN 9789041158161
Published December 2014
Kluwer Law International
£96.00
EU Competition Law, Regulation and the Internet: The Case of Net Neutrality ISBN 9789041141408
Published November 2014
Kluwer Law International
£108.00
Competition Law Enforcement and Compliance across the World: A Comparative Review ISBN 9789041158154
Published November 2014
Kluwer Law International
£116.00
Standard Essential Patents and Competition Law: A Transatlantic Perspective ISBN 9789041149602
Published September 2014
Kluwer Law International
£96.00
Competition Law: Comparative Private Enforcement and Collective Redress Across the EU ISBN 9789041145598
Published March 2014
Kluwer Law International
£100.00
EU Competition Law: Between Public and Private Enforcement ISBN 9789041146779
Published December 2013
Kluwer Law International
£112.00
£116.00
Landmark Cases in Competition Law: Around the World in Fourteen Stories ISBN 9789041138439
Published December 2012
Kluwer Law International
£112.00
Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
Kluwer Law International
£120.00
Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
Kluwer Law International
£112.00
£92.00
Merger Control Regimes in Emerging EConomies: A Case Study on Brazil and Argentina ISBN 9789041134028
Published January 2011
Kluwer Law International
£108.00
Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
Kluwer Law International
£128.00
The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
Kluwer Law International
£125.00
Civil Procedure in EU Competition Cases before the English and Dutch Courts ISBN 9789041131928
Published November 2009
Kluwer Law International
£126.00
An Institutional Assessment of Antitrust Policy: The Latin American Experience ISBN 9789041124784
Published May 2009
Kluwer Law International
£136.00
£169.00
EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
Kluwer Law International
£144.00
Competition Problems in Liberalized Telecommunications ISBN 9789041127365
Published June 2008
Kluwer Law International
£144.00
Liner Shipping and EU Competition Law ISBN 9789041127174
Published May 2008
Kluwer Law International
£112.00
A Practical Guide to National Competition Rules Across Europe 2nd ed ISBN 9789041126078
Published November 2007
Kluwer Law International
£173.00
Tying and Bundling as A Leveraging Concern Under EC Competition Law ISBN 9789041125750
Published October 2007
Kluwer Law International
£113.00
Competition Law and Economics: Advances in Competition Policy and Antitrust Enforcement ISBN 9789041126320
Published September 2007
Kluwer Law International
£124.00
Directory of EC Case Law on Competition ISBN 9789041126566
Published August 2007
Kluwer Law International
Out of print
Effective Application of EU State Aid Procedures: The Role of National Law and Practice
Edited by: Paul F. Nemitz
ISBN 9789041126573
Published July 2007
Kluwer Law International
£124.00
£124.00
Private Enforcement of EC Competition Law
Edited by: Jurgen Basedow
ISBN 9789041126139
Published March 2007
Kluwer Law International
£128.00
Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
Kluwer Law International
£161.00
A Concise Guide to the EU Anti-Dumping/ Anti-Subsidies Procedures ISBN 9789041124647
Published June 2006
Kluwer Law International
£100.00
The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
Kluwer Law International
£121.00
Mergers and Acquisitions: The Industrial Organization Perspective ISBN 9789041124517
Published March 2006
Kluwer Law International
£85.00
Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
Kluwer Law International
£116.00
Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
Kluwer Law International
£100.00
US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
Kluwer Law International
£116.00
Economic Essays on Australian and New Zealand Competition Law ISBN 9789041119919
Published April 2003
Kluwer Law International
£127.00
Merger Control in Europe: EU Member States and Accession States 4th ed ISBN 9789041120564
Published January 2003
Kluwer Law International
£123.00
Limits and Control of Competition with a View to International Harmonization
Edited by: Jurgen Basedow
ISBN 9789041119674
Published November 2002
Kluwer Law International
£135.00
Competition Policy in the Global Trading System ISBN 9789041117588
Published April 2002
Kluwer Law International
£128.00
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
£106.00
M & A in Belgium
ISBN 9789041115942
Published May 2001
Kluwer Law International
£71.00
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned