Technology Transfer and the New EU Competition Rules

Technology Transfer and the New EU Competition Rules PDF

Author: Steven D. Anderman

Publisher:

Published: 2006

Total Pages: 400

ISBN-13:

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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.

Technology Transfer and the EU Competition Rules

Technology Transfer and the EU Competition Rules PDF

Author: Steven Anderman

Publisher: Oxford University Press, USA

Published: 2027-11-25

Total Pages: 0

ISBN-13: 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.

Competition Law of the European Union

Competition Law of the European Union PDF

Author: Van Bael & Bellis

Publisher: Kluwer Law International B.V.

Published: 2021-03-01

Total Pages: 1618

ISBN-13: 9041154051

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This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.

The New EU Technology Transfer Regime, Like a Rolling Stone?

The New EU Technology Transfer Regime, Like a Rolling Stone? PDF

Author: Paul Lugard

Publisher:

Published: 2015

Total Pages: 20

ISBN-13:

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This article discusses the changes made by the new block exemption regulation, Regulation 316/2014, to the analytical framework under EU competition law of technology transfer agreements. The new EU Technology Transfer regime introduces major modifications with respect to the analysis of grant-back provisions, technology pool licenses and provides significantly more powers to licensees to challenge the validity of licensed intellectual property rights. While these changes have been presented as minor modifications, they express significant concerns about patent thickets and licensees with weak bargaining positions and may have profound repercussions for the admissibility and enforceability of provisions included in new and existing licensing agreements.

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

Published: 2010-01-01

Total Pages: 361

ISBN-13: 184980544X

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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.

Technology Transfer Agreements and the EC Competition Rules

Technology Transfer Agreements and the EC Competition Rules PDF

Author: Valentine Korah

Publisher: Oxford University Press

Published: 1996

Total Pages: 281

ISBN-13: 9780198262435

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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.

Technology Transfer

Technology Transfer PDF

Author: Mark Anderson

Publisher: Bloomsbury Publishing

Published: 2020-03-20

Total Pages: 1109

ISBN-13: 1526509075

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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

An Introduction to EU Competition Law

An Introduction to EU Competition Law PDF

Author: Moritz Lorenz

Publisher: Cambridge University Press

Published: 2013-04-25

Total Pages: 427

ISBN-13: 110701817X

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Succinct and concise, covering all key substantive and procedural aspects of the subject, this textbook is required reading for students of EU competition law. The author's clarity of expression and wealth of worked examples, makes this sometimes complex subject accessible. This refreshing uncluttered approach guarantees the students' understanding and engagement.