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Intellectual Property and EU Competition Law (Hardcover)
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Intellectual Property and EU Competition Law (Hardcover)
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The interface between intellectual property rights and competition
policy is one of the most important and difficult areas of EU
commercial law. Traditionally seen as involving a conflict between
monopoly rights and the promotion of competition, the relationship
is now regarded as a more subtle and complex one between regimes
which promote different forms of competition in different ways.
These regimes have to be reconciled against the background of a
complicated relationship between EU law, national laws and
international treaties relating to intellectual property. There
have been major developments in this area in recent years,
including cases such as Microsoft, DSD, GlaxoSmithKline and
Astra-Zeneca, the Commission's guidance on exclusionary abuses of
dominant position, the investigation into the pharmaceutical
sector, the Technology Transfer Block Exemption, and the
Commission's Guidelines on Technology Transfer. This book contains
a detailed explanation of the application of EU competition law to
all types of intellectual property, including recent developments,
and the resulting regulatory framework for the exploitation and
licensing of intellectual property rights. It has practical
analysis of such issues as technology transfer and patent pools,
research and development, exploitation of television rights,
franchising and resolution of trademark conflicts.
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