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Intellectual Property Licences and Technology Transfer - A Practical Guide to the New European Licensing Regime (Paperback)
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Intellectual Property Licences and Technology Transfer - A Practical Guide to the New European Licensing Regime (Paperback)
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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-trust) laws. In particular, many
agreements containing licences of patent rights and rights in
confidential information and technical know-how are caught by
Article 81(1) of the EC Treaty, which prohibits agreements between
undertakings which prevent, restrict or distort competition in the
Common Market. However, because licences of intellectual property
rights usually facilitate the transfer of technology from one
undertaking to another, and the licensor and licensee will often
operate at different levels of the market, many licences of
intellectual property rights may benefit from an automatic
exemption under Article 81(3) of the EC Treaty. On 1 May 2004, this
exemption is being radically overhauled, as part of the European
Commission s drive to modernise European competition law. This book
examines the changes in that legislation.
The legislation is completely new and there is therefore no
existing book on the marketThe change in the law will require an
entirely new approach to the drafting of IP licencesThe change in
the law will require existing IP licences to be re-examined and
possibly re-negotiated"
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