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EU Competition Law and Intellectual Property Rights: The Regulation of Innovation

Autor Steven Anderman, Hedvig Schmidt
en Limba Engleză Paperback – 16 feb 2011
It demonstrates how, both under the EU law and as a matter of economic policy, EU competition law must provide a set of outer limits to, and a framework of rules which regulate, the exploitation and licensing of intellectual property rights. A group of landmark cases since the first edition - the Microsoft case and its predecessor concerned with database rights, the IMS case - has extended the scope of Article 102 TFEU to a refusal to license interface codes. Article 102 has also been applied in the Astra Zeneca case to regulate the behaviour of pharmaceutical companies and the pharmaceutical sector has recently experienced a sectoral enquiry. Finally, the field of industrial standards, patent ambushes and FRAND obligations has become the subject of competition law scrutiny. Under Article 101 TFEU, the modernisation reforms and the new Technology Transfer Block Exemption Regulation 772/2004 together with the Technology Transfer Guidelines have quite radically reformed the method that lawyers must use when analysing the limits of clauses in intellectual property licensing. It requires greater economic understanding, offers less legal certainty but allows more flexibility than its predecessor. The book offers a comprehensive insight to these new developments in a textbook style ideal for those approaching the subject for the first time, or a useful reference for those with more experience.
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Specificații

ISBN-13: 9780199589968
ISBN-10: 0199589968
Pagini: 392
Dimensiuni: 150 x 219 x 23 mm
Greutate: 0.53 kg
Ediția:Revised
Editura: Oxford University Press
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

Review from previous edition Using clear and concise language, it ties together legislation, case law and the author's personal views into a whole, with the purpose of demonstrating that competition law should continue policing the activities of IP right owners
This is a highly stimulating book, by an expert in competition law
He approaches the subject-matter clearly from the viewpoint of a competition lawyer, rather than an I.P. lawyer ... Professor Anderman's thesis is well-reasoned and argued ... an invaluable addition to any library and an interesting exposition of the law

Notă biografică

Steven Anderman is Professor of Law in the Department of Law at University of Essex, UK and Guest Professor at Stockholm University School of Law. He has worked as Expert on Competition Law for the Economic and Social Committee of the EU from 1984-2004 and has advised both the Singapore (2004) and Chinese (2007) Governments on the IP consequences of their competition laws. Dr Hedvig Schmidt is Lecturer in EU Law in the School of Law at the University of Southampton, UK.