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Intellectual Property Licences and Technology Transfer : a Practical Guide To The New European Licensing Regime /
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-tru...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Oxford :
Chandos Publishing,
2004.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Intellectual Property Licences and Technology Transfer: A practical guide to the new European licensing regime; Copyright; Dedication; Contents; Preface; Tables of references to EU legislation and other documents; References to the Technology Transfer Block Exemption Regulation and the Guidelines; Other Block Exemptions and Commission Notices; The Modernisation Package; About the author; 1 Exploitation of intellectual property rights and the impact of competition law; Intellectual property rights and licensing; Introduction to the EC competition rules; Some terminology.
- Article 81(1) of the EC TreatyArticle 81(3) of the EC Treaty; Modernisation; Article 82 of the EC Treaty; The impact of EC competition law on IP licences and technology transfer agreements; Notes; 2 The old technology transfer block exemption regulation and the need for reform; Historical perspective; What intellectual property licences were covered?; What types of agreement were exempt?; The white list; The black list; The grey list and the opposition procedure; The US approach; The European Commission's evaluation of Regulation 240/96; Notes.
- 3 An economics-based approach to the analysis of agreements under Article 81 and the new-style block exemptionsThe beginnings of reform; Definition of the relevant market; The Commission Notice on agreements of minor importance; The new-style block exemptions: vertical agreements; Research and development, specialisation and horizontal cooperation agreements; The need for consistency in the treatment of IP licences and technology transfer agreements; Possible negative economic effects of technology transfer agreements; Positive economic effects of technology transfer agreements; Notes.
- 4 The technology transfer block exemption: the safe harbourIntroduction to the technology transfer block exemption; What is included?; What is excluded?; Assessment of market power; Technology markets; The distinction between competitors and non-competitors; One-way or two-way blocking positions; The market share thresholds; Notes; 5 The technology transfer block exemption: hardcore and excluded restrictions; Hardcore restrictions of competition; The hardcore list for agreements between competing undertakings; Exceptions to the hardcore list for agreements between competing undertakings.
- The hardcore list for agreements between non-competing undertakingsPassive sales bans in agreements between non-competing undertakings; The hardcore lists: ex ante approach to be applied; Excluded restrictions; The rule of severability; Notes; 6 Analysis outside the block exemption: Article 81(3); Introduction to self-assessment; The general framework for applying Article 81(1); The counterfactual to be used when assessing licence agreements for their effect on competition; The general framework for analysing the positive effects of licence agreements under Article 81(3).