Technology Transfer and the New EU Competition Rules: Intellectual Property Licensing After Modernisation
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 context of the modernisation reforms of EC competition law generally; and (ii) the changes in treatment of "technology transfer" within the broader context of changes in treatment of IP rights overtechnology more generally. The book also considers the approach to assessment of IP issues set out in the Guidelines that accompany the Regulation. The central feature of the Commission's new approach is that firms and practitioners must engage in self-assessment to determine whether their agreements comply with Community competition law. Paradoxically, this makes it more important that practitioners understand the significance of the old case law: the book considers to what extent thesecases remain valid today. It also goes beyond paraphrasing the Commission's Guidelines, discussing their legal basis and, where appropriate, criticising the approach taken by the Guidelines where the legal basis is unsure.
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Formalism and Prescriptive Block Exemptions 3
IP Licensing under the New Paradigm
The Development of the Regulatory Framework for
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agreements between competitors agreements between non-competitors analysis ancillarity anticompetitive application of Article Article 81 assessment basis Block Exemption Regulation caught by Article clauses CMLR Commission Commission’s competing technologies competition law competition policy competitive constraint competitive harm conditions of Article context contract products costs Court deﬁned downstream market economic beneﬁts eﬁiciency exclusive licence exploit ﬁeld ﬁrms ﬁrst foreclosure geographic market hardcore restrictions hold-up problems identiﬁed incorporating the licensed innovation input intellectual property licensing intellectual property rights involves justiﬁed know-how lead licensed technology licensee licensee’s licensing agreements licensor limited market deﬁnition market power market share threshold necessary obligation Ordoliberal output paradigm passive sales patent licensing patent pools potential product market products incorporating protection reduce restraints restricting competition restrictive of competition royalty sales restrictions sell signiﬁcant speciﬁc standard-setting sufﬁcient supplier technology licensing technology market technology transfer agreements third parties tion TT Guidelines TTBER undertakings unilateral effects vertical agreements