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Intellectual Property Rights and the EC Competition Rules
By
Valentine Korah
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.
Valentine Korah is
Professor Emeritus of Competition Law at University College, London,
and a Barrister.
Contents
Ch. 1
Introduction - tension between intellectual property rights (iprs)
and competition rules and the principle of free movement 1
Ch. 2 Free
movement of goods 5
Ch. 3 Status of
various sources of law 21
Ch. 4 Article
81 27
Ch. 5 The new
group exemption for technology transfer - Regulation 772/04
(TTBER) 45
Ch. 6 Recitals
and guidelines not limited to agreements exempted by the TTBER 77
Ch. 7 Other kinds
of commercial and industrial property rights 121
Ch. 8 Article
82 133
Ch. 9 General
comment on iprs and competition 169
Ch. 10 General
conclusion 175
App. 1 Excerpts
from the treaty establishing the European community
App. 2 Regulation
19/65
App. 3 Regulation
772/2004
App.
4 Commission\\\'s guidelines on technology transfer
App.
5 Commission\\\'s guidelines on Article 81(3)
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