Intellectual Property and EU Competition Law /
Turner, Jonathan D. C.
Intellectual Property and EU Competition Law / by Jonathan D. C. Turner - 2nd ed. - United Kingdom: Oxford University Press, 2015. - lxxxiii, 460p.; 25cm.
Tables of Treaties, Legislation, and Official Guidance
1. Fundamental Elements of the Interface between Intellectual Property Rights and EU Competition Law
A. Introduction
B. Basic Principles
C. Existence of Intellectual Property Rights
D. Justified Scope of Intellectual Property Rights under EU Law
2. Application of Article 101 to Agreements Relating to Intellectual Property
A. Introduction
B. Agreement between Undertakings, Concerted Practice, or Decision of Association of Undertakings
C. Effect on Trade between Member States
D. Prevention, Restriction, or Distortion of Competition
E. Exemption under Article 101(3)
F. Consequences of the Application of Article 101
3. Application of Article 102 to Conduct involving Intellectual Property
A. Introduction
B. Dominant Position
C. Abuse by Conduct Involving Intellectual Property
D. Effect on Trade between Member States
E. Consequences of the Application of Article 102
4. Application of Article 102 to Conduct involving Intellectual Property
A. Introduction
B. Ancillary Restrictions Relating to Intellectual Property
C. Assessment of whether Operation is a Concentration: Intellectual Property Issues
D. Appraisal of Concentration: Relevance of Intellectual Property
E. Remedies Affecting Intellectual Property
5. Technology, Science, Designs, and Software
A. Overview
B. Technology Transfer
C. Technology Pools, Standards, and FRAND Terms
D. Joint Research and Development
E. Subcontracting and Specialization Agreements: Intellectual Property Issues
6. Culture, Media, and Sport
A. Copyright, Related Rights, and Other Legal Characteristics of Markets in the Fields of Culture, Media, and Sport
B. General Issues in the Application of EU Competition Law to the Exploitation of Intellectual Property Rights in these Fields
C. Collecting Societies
D. Joint Exploitation of Television Rights to Major Sporting Events
E. Other Collective or Joint Arrangements Regarding Intellectual Property Rights in the Fields of Culture, Media, and Sport
7. Branding
A. Functions, Existence, and Justified Scope of Brand Protection by Trademarks and Other Rights
B. Horizontal Market Partitioning Using Branding
C. Resolution of Brand Conflicts
D. Terms Relating to Branding in Distribution Agreements
E. Franchising and Merchandising
F. Licensing Brands in Other Contexts
Index
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. ( Source: https://www.vitalsource.com/products/intellectual-property-and-eu-competition-law-jonathan-d-c-turner-v9780191017926?term=9780198708247)
9780198708247
Antitrust law
Community law
Cartels and monopolies
Intellectual property European Union countries
346.24048 / TUR
Intellectual Property and EU Competition Law / by Jonathan D. C. Turner - 2nd ed. - United Kingdom: Oxford University Press, 2015. - lxxxiii, 460p.; 25cm.
Tables of Treaties, Legislation, and Official Guidance
1. Fundamental Elements of the Interface between Intellectual Property Rights and EU Competition Law
A. Introduction
B. Basic Principles
C. Existence of Intellectual Property Rights
D. Justified Scope of Intellectual Property Rights under EU Law
2. Application of Article 101 to Agreements Relating to Intellectual Property
A. Introduction
B. Agreement between Undertakings, Concerted Practice, or Decision of Association of Undertakings
C. Effect on Trade between Member States
D. Prevention, Restriction, or Distortion of Competition
E. Exemption under Article 101(3)
F. Consequences of the Application of Article 101
3. Application of Article 102 to Conduct involving Intellectual Property
A. Introduction
B. Dominant Position
C. Abuse by Conduct Involving Intellectual Property
D. Effect on Trade between Member States
E. Consequences of the Application of Article 102
4. Application of Article 102 to Conduct involving Intellectual Property
A. Introduction
B. Ancillary Restrictions Relating to Intellectual Property
C. Assessment of whether Operation is a Concentration: Intellectual Property Issues
D. Appraisal of Concentration: Relevance of Intellectual Property
E. Remedies Affecting Intellectual Property
5. Technology, Science, Designs, and Software
A. Overview
B. Technology Transfer
C. Technology Pools, Standards, and FRAND Terms
D. Joint Research and Development
E. Subcontracting and Specialization Agreements: Intellectual Property Issues
6. Culture, Media, and Sport
A. Copyright, Related Rights, and Other Legal Characteristics of Markets in the Fields of Culture, Media, and Sport
B. General Issues in the Application of EU Competition Law to the Exploitation of Intellectual Property Rights in these Fields
C. Collecting Societies
D. Joint Exploitation of Television Rights to Major Sporting Events
E. Other Collective or Joint Arrangements Regarding Intellectual Property Rights in the Fields of Culture, Media, and Sport
7. Branding
A. Functions, Existence, and Justified Scope of Brand Protection by Trademarks and Other Rights
B. Horizontal Market Partitioning Using Branding
C. Resolution of Brand Conflicts
D. Terms Relating to Branding in Distribution Agreements
E. Franchising and Merchandising
F. Licensing Brands in Other Contexts
Index
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. ( Source: https://www.vitalsource.com/products/intellectual-property-and-eu-competition-law-jonathan-d-c-turner-v9780191017926?term=9780198708247)
9780198708247
Antitrust law
Community law
Cartels and monopolies
Intellectual property European Union countries
346.24048 / TUR