Intellectual Property Rights and the EC Competition Rules

Valentine Korah

• Publisher: Hart Publishing
• Year: 2006
• Print ISBN:
  9781841136141
• Edition: 1
• eBook ISBN:
  9781847310774
• Topic: Law
• Subtopic: Antitrust
• Index: Law

This latest monograph by Professor Korah on the recent group exemption consists of a detailed and critical commentary on the technology transfer block exemption and guidelines of 2004, and of the case law of the ECJ and Commission on licensing and refusals to license, together with annotated copies of the regulation and guidelines. There is a substantial chapter on refusal to supply or license in the light of the recent case law under Article 82. It embraces many of the competition issues that may affect intellectual property rights. After a brief introduction, the work starts with short chapters on the free movement of goods and services, the status of the Commission's guidelines and the historically hostile attitude of the Commission under Article 81 towards licensing. It then launches into a detailed analysis of the regulation and the probable treatment of licences that do not fall within it. Throughout the book the author provides extensive analysis of policy and economics as well as comparison with US practice.

Table of contents

• Half Title Page
• Title Page
• Title verso
• Foreword
• Preface
• Contents
• Table of Cases
• Table of Legislation
• 1. Introduction - Tension Between Intellectual Property Rights (iprs) and Competition Rules and the Principle of Free Movement
• 2. Free Movement of Goods
• 3. Status of Various Sources of Law
• 4. Article 81
• 5. The New Group Exemption for Technology Transfer - Regulation 772/04 (TTBER)
• 6. Recitals and Guidelines Not Limited to Agreements Exempted by the TTBER
• 7. Other Kinds of Commercial and Industrial Property Rights
• 8. Article 82
• 9. General Comment on iprs and Competition
• 10. General Conclusion
• Appendices
• Index