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 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...
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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.
1Introduction32The development of the regulatory framework for IP licensing in the EC133The 'modernisation' of EU competition law enforcement - the new analytical paradigm for applying Article 81454Applying the economics-based approach to Article 81 : assessing competitive harm and economic benefit655IP licensing under the new paradigm1036Market definition1357'Vertical' agreements for technology transfer between 'non-competitors'1678Licensing between competitors2179Cooperative development and exploitation of technology - standard-setting, technology pools, and joint research and development24310Technology licensing and Article 82267
