[PDF] New Convergence Between Us And Eu Competition Policy For The Licensing Of Intellectual Property Comparative Study Of The Us Guidelines For The Licensing Of Intellectual Property And The Eu Technology Transfer Block Exemption Regulation And Technology Transfer Guidelines eBook

Author : Steven D. Anderman
Publisher :
Page : 400 pages
File Size : 13,32 MB
Release : 2006
Category : Law
ISBN :

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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.

Author : Richard Gilbert
Publisher :
Page : 0 pages
File Size : 41,66 MB
Release : 2006
Category :
ISBN :

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This paper was prepared for the Antitrust Section Spring Meeting, Washington D.C., 2004. The author discusses and compares European Community Technology Transfer Block Exemption Regulation (TTBER) and U.S. Guidelines. Together the guidelines present a framework to evaluate technology licensing arrangements that respects the objectives of EU competition policy and still provides a berth for procompetitive licensing.

Author :
Publisher : American Bar Association
Page : 158 pages
File Size : 25,35 MB
Release : 2002
Category : Law
ISBN : 9781590310793

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This is the second edition of the Antitrust Section's handbook on the Department of Justice and Federal Trade Commission's Antitrust Guidelines for the Licensing of Intellectual Property. Like its predecessor, this volume provides a description of the enforcement agencies' antitrust policy with respect to the licensing of patents, copyrights, trade secrets, and know-how. It also is updated to reflect the pertinent developments since the agencies issued their Guidelines seven years ago. Since 1995, the agencies have initiated a wide variety of enforcement actions involving intellectual property and have pursued claims ranging from alleged price fixing among patent holders to allegedly anticompetitive settlements of infringement litigation. This book discusses these enforcement actions and the recent judicial decisions in this area and also provides some historical perspective on the agencies' current policy with respect to the licensing of intellectual property. The book includes the complete text of the 1995 Department of Justice and Federal Trade Commission Antitrust Guidelines for the Licensing of Intellectual Property.

Author : Steven Anderman
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 28,35 MB
Release : 2027-11-25
Category : Law
ISBN : 9780198726067

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This work examines the revised Technology Transfer Block Exemption Regulation and its accompanying guidelines. The new edition has been fully updated to analyze the changes that the new Guidelines have introduced to existing competition laws, including bilateral licensing. The text reflects on the application of the Technology Transfer Block Exemption Regulation since it was brought into force in 2004, and presents a number of significant developments and judgements in the application of Article 102 to technology licensing. The book includes a chapter on the application of Article 102 to patent agreements and the "patent wars." The new cases analyzed include the "pay for delay" cases such as Lundbeck and the cases where owners of Standard Essential Patents have attempted to obtain a higher than FRAND return by various means. Written by two leading authorities in the field, the work offers a timely examination of the revised EU competition law regime for intellectual property licensing.

Author : Pat Treacy
Publisher : Edward Elgar Publishing
Page : 555 pages
File Size : 41,64 MB
Release : 2024-07-05
Category : Law
ISBN : 178100689X

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This authoritative book from one of the top experts in the field sets out a detailed and practical analysis of the complex and often fraught relationship between EU competition rules and intellectual property rights. It is an essential resource for competition lawyers litigating Tech and Pharma cases and advising companies in those sectors, for in-house counsel within those industries, and for IP lawyers needing to understand the competition aspects of licensing agreements. It is also an indispensable reference for courts, enforcement agencies and national competition authorities, as well as for scholars researching in the field.

Author : Gustavo Ghidini
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 34,97 MB
Release : 2018
Category : Law
ISBN : 1783478012

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Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.

Author : Björn Lundqvist
Publisher : Edward Elgar Publishing
Page : 297 pages
File Size : 21,89 MB
Release : 2015-04-30
Category : Law
ISBN : 1784713015

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This fascinating new book dissects, from a Competition law perspective, how Research and Development collaborations operate under both US and EU antitrust law. Analyzing the evolution of this innovation landscape from the 1970s to the present day, Blom