Technology Transfer and the New EU Competition Rules

Technology Transfer and the New EU Competition Rules PDF Author: Steven D. Anderman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 400

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Book Description
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.

Technology Transfer and the New EU Competition Rules

Technology Transfer and the New EU Competition Rules PDF Author: Steven D. Anderman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 400

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Book Description
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.

Technology Transfer Agreements and the EC Competition Rules

Technology Transfer Agreements and the EC Competition Rules PDF Author: Valentine Korah
Publisher: Oxford University Press
ISBN: 9780198262435
Category : Business & Economics
Languages : en
Pages : 281

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Book Description
This book provides a detailed and highly expert treatment of the new Technology Transfer Regulation recently adopted by the European Commission. The reulation, which is of immense importance, will be of great interest to practitioners and in-house lawyers, particularly in the light of the recent new block exemption. The regulation has attracted strong opposition from industry and has wide ramifications. This makes the need for a book on the subject all the more compelling. Professor Korah, who is widely known for her work on Competition Law, is the leading expert on this subject.

Competition Law, Technology Transfer and the TRIPS Agreement

Competition Law, Technology Transfer and the TRIPS Agreement PDF Author: Tu Thanh Nguyen
Publisher: Edward Elgar Publishing
ISBN: 184980544X
Category : Law
Languages : en
Pages : 361

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Book Description
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.

The EC Competition Law on Technology Licensing

The EC Competition Law on Technology Licensing PDF Author: Frank L. Fine
Publisher: Sweet & Maxwell
ISBN: 9780421903203
Category : Law
Languages : en
Pages : 328

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Book Description
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

Technology Transfer PDF Author:
Publisher:
ISBN: 9781526509093
Category : Electronic books
Languages : en
Pages : 1000

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Book Description
"Covers the laws surrounding commercial transactions that involve the development, use of commercialisation of technology and associate intellectual property rights. Types of transactions that fall within this category are research and development contracts and intellectual property licences and these form the main focus of the book. Written by experts and describing the many different areas of law that affect technology agreements such as IP, contract law, competition law and tax, this is the leading guide to this complex area of law. The new Fourth Edition has been brought completely up to date including: - Coverage of EU Horizon 2020 replacing Framework 7 funding scheme - General Data Protection Regulation (GDPR) - Updates in line with the Charities Act 2011 - New section on different types of standard agreements available (Lambert, NIHR, EU consortium agreements) - New material dealing with variety of relevant patent legislation: Unitary Patent and Unified Patents Court, the Intellectual Property Act 2014, Legislative Reform (Patents) Order 2014, Patents (Supplementary Protection Certificates) Regulations) 2014 - New material on the EU Trade Secrets Directive - Coverage of Regulations No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC - Addition of research exception (new section 22A) from freedom of information from 1 October 2014 (Freedom of Information Act 2014) - Coverage of Technology Transfer Regulation, 316/2014 and related guidelines The precedents are available to download electronically via a separate website."--

The New Technology Transfer Block Exemption Under EC Competition Law

The New Technology Transfer Block Exemption Under EC Competition Law PDF Author: Cyril Ritter
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
This article looks at the recently published new EC block exemption regulation for technology transfer agreements (a term that covers many, though not all, intellectual property licensing agreements) and the accompanying Guidelines. The purpose of this paper is to (a) discuss the importance of IP licensing in the broader economic context (what degree of market power should be conferred on licensors?); (b) set out the general scheme of the new system introduced by the technology transfer block exemption; (c) examine specific types of restraints; and (d) identify the key changes introduced by the new technology transfer block exemption, compared to the old one.

Distribution Agreements Under the EC Competition Rules

Distribution Agreements Under the EC Competition Rules PDF Author: Valentine Korah
Publisher: Bloomsbury Publishing
ISBN: 1847312217
Category : Law
Languages : en
Pages : 464

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Book Description
Professor Korah's short monographs on specific topics within EC Competition law are well known and widely used. This work follows the pattern of her previous books on group exemptions for technology transfer and parallel imports. It examines the regulation on vertical agreements,starting with a chapter on the economic background, before developing, in a series of chapters, a careful analysis of vertical agreements and all the relevant case law. A further chapter deals with agreements which do not come within the regulation, again paying careful attention to the case law.

Technology Transfer Agreements Under EC-Competition Law

Technology Transfer Agreements Under EC-Competition Law PDF Author: Hanns Ullrich (Dr. iur.)
Publisher:
ISBN:
Category :
Languages : en
Pages : 48

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Book Description


Intellectual Property Rights and the EC Competition Rules

Intellectual Property Rights and the EC Competition Rules PDF Author: Valentine Korah
Publisher: Bloomsbury Publishing
ISBN: 184731077X
Category : Law
Languages : en
Pages : 360

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Book Description
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.

EC Competition Law and Intellectual Property Rights

EC Competition Law and Intellectual Property Rights PDF Author: Steven D. Anderman
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 360

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Book Description
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.