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The Ec Competition Law On Technology Licensing


The Ec Competition Law On Technology Licensing
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The Ec Competition Law On Technology Licensing


The Ec Competition Law On Technology Licensing
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Author : Frank L. Fine
language : en
Publisher: Sweet & Maxwell
Release Date : 2006

The Ec Competition Law On Technology Licensing written by Frank L. Fine and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.


Examining the general principles of liability and focusing on the concept of duty, this book provides reference for practitioners and academics. It considers key developments in legislation, including the Human Rights Act. It contains an analysis of case law with footnotes, and also considers legislative developments and their implications



Technology Transfer And The New Eu Competition Rules


Technology Transfer And The New Eu Competition Rules
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Author : Steven D. Anderman
language : en
Publisher:
Release Date : 2006

Technology Transfer And The New Eu Competition Rules written by Steven D. Anderman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.


The new Technology Transfer Block Exemption Regulation (in force from May 1, 2004) signals a profound change in the nature of the regulatory framework for technology licensing under EU competition law. This book examines the new Regulation in detail, placing it in the wider context of: (i) the modernisation reforms of EC competition law; and (ii) the treatment of IP rights over technology more generally. The book also considers the approach to assessment of IP issues set out in the Guidelines that accompany the Regulation; the authors discuss their legal basis and, where appropriate, criticise the approach taken by the Guidelines where the legal basis is unsure.



Ec Competition Law And Intellectual Property Rights


Ec Competition Law And Intellectual Property Rights
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Author : Steven D. Anderman
language : en
Publisher: Oxford University Press, USA
Release Date : 1998

Ec Competition Law And Intellectual Property Rights written by Steven D. Anderman and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Business & Economics categories.


This book provides a template of the EC competition law rules as they relate to IPRs. Author Steven Anderman explores how such a template can be applied to existing IPRs and adapted to new technologies such as telecommunications and information technology.



International Licensing Agreements


International Licensing Agreements
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Author : Michala Meiselles
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-10-02

International Licensing Agreements written by Michala Meiselles and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-02 with Law categories.


Like any contract, an international licensing agreement spells out the rights and obligations of the contracting parties, manages potential risks and supplies a contingency plan for each party in the event the contractual relationship breaks down. However, international licensing of intellectual property, software or technology confronts the contracting parties with its own distinct challenges. When planning, drafting and negotiating such agreements, it is imperative to know exactly what core issues need to be addressed. This book provides this know-how in an easy-to-use, clear and concise fashion. This expert guide to the complex world of international licensing agreements brings together all the essential materials needed when dealing with such agreements and covers the following: • business models that may be used by the contracting parties; • standard provisions encountered in an array of international licensing agreements; • analysis of the key clauses in various international licensing agreements inter alia trademark, software, franchise and technology licences with provisions as affected by jurisdiction; • effect of competition law in a variety of jurisdictions; • ensuring trademark protection at both national and international levels; • clear explanation of key franchising terminology and disclosure rules; and • effect of international dispute resolution rules in a range of jurisdictions. Alongside detailed contract analysis, the book details numerous case studies from an array of industries, with detailed commentary. Practitioners operating within or representing medium to large firms who normally have to prepare or provide advice on international licence arrangements will quickly find this reference material indispensable. The book’s thorough analysis of this complex area will also be welcomed by professionals working for universities, industry, interest groups, government departments and international organisations.



Competition Law Technology Transfer And The Trips Agreement


Competition Law Technology Transfer And The Trips Agreement
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Author : Tu Thanh Nguyen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01

Competition Law Technology Transfer And The Trips Agreement written by Tu Thanh Nguyen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.


The book deals with a difficult subject with an assured touch and will be a valuable text for postgraduate students, policy-makers and practitioners. European Intellectual Property Review This is the first ever book that addresses the important issue of the competition law, intellectual property and trade interface in a developing world context. The book s unique contribution is a set of comparative case studies on this complex interface. D. Daniel Sokol, University of Florida Levin College of Law, US The book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries. Tu Thanh Nguyen argues that technology transfer-related competition law should be glocalized appropriately for the needs of local contexts, while intellectual property rights (IPR) are globalized. The book reveals that developing countries, according to the TRIPS Agreement, have the right to use domestic competition law to promote access to technology in order to protect national interests and consumer welfare. However, competition law is antitrust. It is neither anti-IPR nor anti-trade. The author finds that developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. They can reasonably apply and adapt relevant regulations, decisions and judgments from developed country jurisdictions to their own circumstances. Competition Law, Technology Transfer and the TRIPs Agreement is a timely resource for postgraduate students, practitioners, and scholars in international competition law, IPR, and technology transfer. Policymakers in the field of technology transfer-related competition law/policy, especially in developing countries, will also find this book invaluable.



Intellectual Property Rights And The Ec Competition Rules


Intellectual Property Rights And The Ec Competition Rules
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Author : Valentine Korah
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-02-16

Intellectual Property Rights And The Ec Competition Rules written by Valentine Korah and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-02-16 with Law categories.


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.



Intellectual Property Licences And Technology Transfer


Intellectual Property Licences And Technology Transfer
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Author : Duncan Curley
language : en
Publisher: Elsevier
Release Date : 2004-09-30

Intellectual Property Licences And Technology Transfer written by Duncan Curley and has been published by Elsevier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-09-30 with Law categories.


This essential guide 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. The legislation is completely new and there is therefore no existing book on the market The change in the law will require an entirely new approach to the drafting of IP licences The change in the law will require existing IP licences to be re-examined and possibly re-negotiated



Research Handbook On Intellectual Property And Competition Law


Research Handbook On Intellectual Property And Competition Law
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Author : Josef Drexl
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01

Research Handbook On Intellectual Property And Competition Law written by Josef Drexl and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.


The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies. Ioannis Lianos, World Competition Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law. Madhu Sahni, Journal of Intellectual Property Rights This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all. IPKAT Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or. Marianne Levin, Stockholm University, Sweden This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the more economic approach and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.



European Competition Law Annual 2005


European Competition Law Annual 2005
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Author : Claus-Dieter Ehlermann
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-03-12

European Competition Law Annual 2005 written by Claus-Dieter Ehlermann and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-12 with Law categories.


This is the tenth in a series of volumes based on the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the materials of the roundtable debate which examined the interaction between competition law and intellectual property law. The workshop participants - a group of senior representatives of the Commission and the national competition authorities of some EC Member States, reknowned international academics and legal practitioners - discussed the economic and legal issues that arise in this particular area of application of the EC competition rules, under the following headings: 1) whether the characteristics of intellectual property products/markets justify special treatment under the competition rules; 2) a critical assessment of the Block Exemption Regulation and corresponding Guidelines recently adopted in this area of EC competition law enforcement; 3) the specific enforcement issues that arise in relation to patent pools and collecting societies; and 4) specific problems related to IP in the domains of merger control and application of Article 82 EC.



Ec Competition Law And The Computing Industry


Ec Competition Law And The Computing Industry
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Author : Mark Furse
language : en
Publisher:
Release Date : 2000

Ec Competition Law And The Computing Industry written by Mark Furse and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Antitrust law categories.


This work focuses on people working in the computer industry, whether lawyers or computer professionals, and explains the relevant principles, prohibitions and penalties of EC competition law. Topics covered include: primary markets and aftermarkets; predatory innovation; and e-commerce, outline of EC competition law, lawy relting to research and development, standards setting, technology transfer and software licensing, primary markets versus aftermarkets, predatory innovation, undertakings given to the EC commission by IBM and Digital, doctrine of essential facilities, and discussion of the Microsoft case.