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Vol 21 No 11 Nov/Dec 2016

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Intellectual Property and Competition Law

Edited by: Peter Chrocziel, Moritz Lorenz, Wolrad Prinz zu Waldeck und Pyrmont

ISBN13: 9789041166692
Published: July 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £92.00



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Intellectual Property and Competition Law is the first publication to focus in depth on the intersection of intellectual property (IP) law and competition law in a European context.

Inevitably, every marketed product or service can always be located at the intersection of IP law and competition law – a nexus rife with potential problems throughout the ‘life’ of IP rights. This important book, masterfully elucidates the effects of the provisions of European competition law on IP rights, and the consequences for IP rights owners from the rights’ inception to its transfer, sale, or demise.

What’s in this book: The author describes and analyses the following topics, and more, in detail:-

  • characteristics, purpose and theoretical justifications of IP rights;
  • obtaining, maintaining, and exploiting an IP right;
  • effects of the provisions of European competition law regarding cartels, block exemptions, abuse of dominant position, free movement of goods, and merger control;
  • competition between originator companies and generic companies;
  • licensing, especially the problem of refusal to grant a license;
  • enforcement of an IP right; and
  • waiver of an IP right.
The book analyses all major cases affecting aspects of the intersection of IP law and competition law, supported by an examination of the historical background and political influence concerning these two areas of European law. There are also special chapters on the prominent and influential national, legal systems of Germany, the United States, China, The Netherlands and the United Kingdom. An annex provides texts of the major antitrust regulations dealing with European IP rights.

How this will help you:

As a ‘biography’ of IP rights focusing on areas of entanglement with European competition law, this book is without peer. The book’s clear-sighted view of the status quo and emerging trends in the two fields of IP rights and European competition law provides valuable insights to practitioners, policymakers, and academics dealing with issues at the intersection of intellectual property law and competition law in Europe, and elsewhere.

Subjects:
Competition Law, Intellectual Property Law
Contents:
Editors
Contributors
Preface
Foreword

CHAPTER 1 Introduction
Peter Chrocziel & Wolrad Prinz zu Waldeck und Pyrmont
CHAPTER 2 European Union Law
Peter Chrocziel, Moritz Lorenz & Wolrad Prinz zu Waldeck und Pyrmont
CHAPTER 3 Germany
Moritz Lorenz
CHAPTER 4 United Kingdom
Marc Dominic Mimler
CHAPTER 5 The Netherlands
Jelle Drok & Elske Raedts
CHAPTER 6 United States
Linda H. Martin & Elizabeth M. Zito
CHAPTER 7 China
Richard Bird, Ninette Dodoo & Timothy Lamb

Appendices: Major Antitrust Regulations dealing with IP Rights
APPENDIX I Treaty on the Functioning of the European Union (Excerpts)
APPENDIX II Commission Notice on agreements of minor importance which do not appreciably restrict competition under Article 101 (1) TFEU (De Minimis Notice)
APPENDIX III Commission notice on the definition of relevant market for the purposes of Community competition law
APPENDIX IV Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101 (3) TFEU to categories of vertical agreements und concerted practices
APPENDIX V Commission Regulation No 1218/2010 of 14 December 2010 on the application of Article 101 (3) TFEU to categories of specialisation agreements
APPENDIX VI Commission Regulation No 1217/2010 of 14 December 2010 on the application of Article 101 (3) TFEU to categories of research and development agreements
APPENDIX VII Commission Regulation (EC) No 316/2014 of 21 March 2014 on the application of Article 101 (3) TFEU to categories of technology transfer agreements
APPENDIX VIII Guidelines on the application of Article 101 TFEU to technology transfer agreements
Index