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In recent times, commercial activities of companies exercising
market power through their intellectual property rights have
increasingly come under the scrutiny of the EU competition
authorities. Intellectual Property and Competition Law: New
Frontiers looks at how the leveraging strategies of Microsoft, the
patent enhancement strategies of Astra Zeneca and Rambus, and the
reverse payment settlements in the pharmaceutical sector have all
attracted competition intervention, and how the courts have been
forced to decide whether intellectual property issues are the
primary subject matter of the case, or peripheral to that.
Drawing on these judgments, and others, this timely book brings
together leading figures from practice and from academia who
examine the increasingly complex and often strained relationship
between intellectual property and competition law. Focusing
primarily on EU law, but with valuable insight into US law, they
highlight areas where new frontiers are emerging in the interface
between the two, including; refusal to grant access to trade
secrets; the new product test in consumer welfare; competition law
in the pharmaceutical sector; standard setting; and FRAND (Fair,
Reasonable and Non-Discriminatory terms) commitments. The book also
considers the way in which the Commission's proposed changes to the
application of Article 102 EC may impact on the protection of
intellectual property rights.
In the post-Microsoft litigation era, this timely book captures the
range of current thinking on the subject. The impressive list of
contributors brings together leading figures from academia and
practice, from intellectual property and competition law, and from
law and economics, offering unrivalled expert analysis of this
complex area.
Widely read and appreciated in its first edition by students,
academics and junior practitioners, EU Competition Law and
Intellectual Property Rights was the first book to offer an
accessible introduction to the interface between competition law
and intellectual property rights.
Now fully updated, but retaining the accessible approach, it
continues to represent an ideal gateway to this increasingly
dynamic interface, offering a sound introduction to the topic based
on thorough legal analysis. It provides a foundation to EU
competition law rules as they relate to intellectual property
rights, and explores how such a template can be applied to existing
intellectual property rights and adapted to new technologies such
as telecommunications and information technology. It demonstrates
how, both under the EU law and as a matter of economic policy, EU
competition law must provide a set of outer limits to, and a
framework of rules which regulate, the exploitation and licensing
of intellectual property rights.
A group of landmark cases since the first edition - the Microsoft
case and its predecessor concerned with database rights, the IMS
case - has extended the scope of Article 102 TFEU to a refusal to
license interface codes. Article 102 has also been applied in the
Astra Zeneca case to regulate the behavior of pharmaceutical
companies and the pharmaceutical sector has recently experienced a
sectoral enquiry. Finally, the field of industrial standards,
patent ambushes and FRAND obligations has become the subject of
competition law scrutiny. Under Article 101 TFEU, the modernization
reforms and the new Technology Transfer Block Exemption Regulation
772/2004 together with the Technology Transfer Guidelines have
quite radically reformed the method that lawyers must use when
analysing the limits of clauses in intellectual property licensing.
It requires greater economic understanding, offers less legal
certainty but allows more flexibility than its predecessor. The
book offers a comprehensive insight to these new developments in a
textbook style ideal for those approaching the subject for the
first time, or a useful reference for those with more experience.
When this book was first published in 1967, it was one of the first
pieces of research to systematically examine the manpower problems
associated with rapidly changing technology. It discusses issues
such as technological change and unemployment, changes in the
structure of employment, the mobility of labour, occupational
structure and adjustment, hours of work, and labour-management
relations. Its findings suggest that structural unemployment and
redundancy are only two of a host of difficulties accompanying
technical progress. Although the book originated in Sweden its
relevance is clear to other Western european countries and
researchers and policy-makers in the USA.
When this book was first published in 1967, it was one of the first
pieces of research to systematically examine the manpower problems
associated with rapidly changing technology. It discusses issues
such as technological change and unemployment, changes in the
structure of employment, the mobility of labour, occupational
structure and adjustment, hours of work, and labour-management
relations. Its findings suggest that structural unemployment and
redundancy are only two of a host of difficulties accompanying
technical progress. Although the book originated in Sweden its
relevance is clear to other Western european countries and
researchers and policy-makers in the USA.
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