Anderman Steven D.: Technology Transfer and the New EU Competition Rules: Intellectual Property Licensing After Modernisation
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Жанр : Oxford University Press
Издательство : Oxford University Press
Год издания : 2006
Аннотация:
- A timely examination of the completely revised EC competition law regime for intellectual property licensing — Step-by-step guidance on the new «self-assessment» approach to exemption — Considers to what extent old case law is valid today, allowing practitioners to assess whether their existing agreements comply with the new law — Makes the recent changes in the treatment of intellectual property readily understandable to specialists and non-specialists alike — Draws important lessons for IP licensing from case law in other sectors — Written by expert authors combining analytical skills with practical understanding of the subject 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 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 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 these cases 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.