基本説明
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.
Full Description
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.
Contents
INTRODUCTION ; 1. Introduction ; 2. The Development of the Regulatory Framework for IP Licensing in the EC ; THE NEW FRAMEWORK FOR ANALYSIS OF IP ISSUES ; 3. The 'Modernisation' of EU Competition Law Enforcement - the New Analytical Paradigm for Applying Article 81 Analytical Paradigm for Applying Article 81 ; 4. Applying the Economics-based Approach to Article 81: Assessing Competitive Harm and Economic Benefit ; 5. IP Licensing under the New Paradigm ; 6. Market Definition ; APPLYING THE METHODOLOGY TO AGREEMENTS UNDER THE NEW RULES ; 7. 'Vertical' Agreements for Technology Transfer between 'Non-competitors' ; 8. Licensing between Competitors ; 9. Cooperative Development and Exploitation of Technology - Standard Setting; Technology Pools; and Joint Research and Development ; 10. Technology Licensing and Article 82 ; APPENDICES ; A. The Main Features of the New Technology Transfer Regulation ; B. Technology Transfer Block Exemption Regulation ; C. Commission Notice Guidelines on the application of Article 81 of the EC Treaty to technology transfer agreements (2004/C 101/02)
