Download or read book Competition Law Technology Transfer and the TRIPS Agreement written by Tu Thanh Nguyen and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Technology Transfer and the New EU Competition Rules written by Steven D. Anderman and published by . This book was released on 2006 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Competition Law of the European Union written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2021-03-01 with total page 1618 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The EC Competition Law on Technology Licensing written by Frank L. Fine and published by Sweet & Maxwell. This book was released on 2006 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the general principles of liability and focusing on the concept of duty, this book provides reference for practitioners and academics. It considers key developments in legislation, including the Human Rights Act. It contains an analysis of case law with footnotes, and also considers legislative developments and their implications

Download or read book EC Competition Law written by Alison Jones and published by Oxford University Press, USA. This book was released on 2008 with total page 1526 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideal for students taking a course on competition law in its European context, this book guides students through a wide range of carefully selected cases and materials with exceptional analysis and comment. The selection of writings has been chosen to present the most important perspectives on the subject as well as the broader socio-economic context of EC competition law. This third edition has been fully updated with all the recent developments within EC Competition Law since 2004, including coverage of the review of Article 82 and the green paper on damages, as well as further information on US anti-trust law. Each chapter now begins with a 'central issues' section which helps students to focus and direct their learning. Editions are kept up-to-date via an accompanying Online Resource Centre which also contains relevant weblinks and material including an additional chapter on State Aids. Combining the strengths of a modern textbook and traditional materials book, Cases and Materials on EC Competition Law provides a wide-ranging and thorough guide to the study of Competition Law, enabling students to engage with both legal and economic aspects and making it ideal for both under and postgraduate courses on EC Competition Law

Download or read book EU Competition Law and Economics written by Damien Geradin and published by OUP Oxford. This book was released on 2012-03-22 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.

Download or read book An Introduction to EU Competition Law written by Moritz Lorenz and published by Cambridge University Press. This book was released on 2013-04-25 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Succinct and concise, this textbook covers all the procedural and substantive aspects of EU competition law. It explores primary and secondary law through the prism of ECJ case law. Abuse of a dominant position and merger control are discussed and a separate chapter on cartels ensures the student receives the broadest possible perspective on the subject. In addition, the book's consistent structure aids understanding: section summaries underline key principles, questions reinforce learning and essay discussion topics encourage further exploration. By setting out the economic principles which underpin the subject, the author allows the student to engage with the complexity of competition law with confidence. Integrated examples and an uncluttered writing style make this required reading for all students of the subject.

Download or read book EU Competition Law and Regulation in the Converging Telecommunications Media and IT Sectors written by Nikos Th Nikolinakos and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the most thoroughgoing model yet offered to ensure the emergence of a genuinely competitive electronic communications industry in Europe. In the course of its in-depth analysis the discussion focuses on such factors as the following: EU telecommunications policy as revealed in liberalization and harmonization legislative measures; the EU electronic communications framework; case law covering issues of refusal to supply and the essential facilities doctrine; application of Article 82 EC to bottlenecks; specific types of an undertakings unilateral behaviour that may often occupy NRAs and competition authorities in the context of their ex post competition law investigations under Article 82 EC; strategic alliances and mergers in the move toward multimedia; access to premium content and the emergence of new media; the scope of content regulation in the online environment; and broadband (regulation of local loop unbundling and bitstream access). The book also provides practical guidance on issues concerning the complicated market definition and analysis mechanism promulgated by the European Commission's Recommendation and Guidelines.

Download or read book Standardization under EU Competition Rules and US Antitrust Laws written by Björn Lundqvist and published by Edward Elgar Publishing. This book was released on 2014-05-30 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering in-depth analysis of the case law currently being written in courtrooms all over the world under the so-called •patent warê, the book puts forward a new method for applying competition law to standards and standard-setting _ in both its collus

Download or read book Multi dimensional Approaches Towards New Technology written by Ashish Bharadwaj and published by Springer. This book was released on 2018-07-23 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.

Download or read book Vertical Agreements in EU Competition Law written by Frank Wijckmans and published by Oxford University Press, USA. This book was released on 2011-11-10 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a detailed and practical analysis of the entire scope of the law relating to vertical agreements, including the new general block exemption regulations and the Vertical Guidelines, this book is an indispensible tool for all practitioners active in the drafting or reviewing of vertical agreements.

Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.

Download or read book The Reform of EC Competition Law written by Ioannis Kokkoris and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.

Download or read book EC Competition Law Reform written by Barry E. Hawk and published by Juris Publishing, Inc.. This book was released on 2002-10-01 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1 Hardcover Volume.This volume includes selected chapters from the annual proceedings of the Fordham Corporate Law Institute. The general subject is the reform of EC competition law enforcement. This has been the subject of many Fordham conferences over the years. Indeed, EC Commission officials have stated that the modern reform proposals presently being considered had their roots at Fordham.The present volume includes seminal articles and critiques of the EC competition law regime as well as very recent discussions of the Commission's proposal for reform. Because much of the literature on EC competition law reform is scattered, the present volume should be useful in including in one place a broad selection of articles and roundtable discussions.The chapters cover not only institutional and jurisdictional issues like decentralization and sharing of powers between the Commission and the EC member states, but also substantive issues like the scope of Article 81 and the rule(s) of reason. These and other issues are examined from both an analytical and historical perspective which greatly facilitates understanding of the future implications of the reform measures presently being debated.In sum, the chapters are not merely of historical interest: problems and questions of ongoing importance are discussed.

Download or read book Licensing Agreements written by Kojo Yelpaala and published by Springer. This book was released on 1988-01-19 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Modernised EC Competition Law in International Arbitration written by Phillip Louis Landolt and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an analysis of the expectations and requirements of the Community legal order upon international arbitration, as well as a dependable source of answers to the EC competition law questions which arbitration practitioners will ordinarily be faced with. This guide is aimed at international litigation practitioners in Europe and globally.

Download or read book Research Handbook on Intellectual Property and Competition Law written by Josef Drexl and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies. Ioannis Lianos, World Competition Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law. Madhu Sahni, Journal of Intellectual Property Rights This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all. IPKAT Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or. Marianne Levin, Stockholm University, Sweden This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the more economic approach and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.