The interface between intellectual property rights and competition policy is one of the most important and difficult areas of EU commercial law and corresponding national laws. The exploitation of exclusive rights can conflict with competition law, which aims to preserve competition as the driving force in efficient markets. These conflicts have to be resolved against the background of a complicated relationship between EU law, national laws, and international treaties relating to intellectual property. This second edition of an extremely well-reviewed work covers numerous developments that have taken place since the first edition, including the revision of the Technology Transfer Block Exemption and Guidelines, the adoption of a new block exemption for Research and Development, revised Guidelines on horizontal co-operation, the implications of the UsedSoft judgment on exhaustion of rights, EU legislation regulating collecting societies, and cases concerning the abuse of dominant position by misuse of the patent system such AstraZeneca v Commission.
The book contains a detailed explanation of the application of EU competition law to all types of intellectual property and the resulting regulatory framework for the exploitation and licensing of intellectual property rights. It has practical analysis of such issues as technology transfer and pools, standards, research and development, collecting societies, franchising, and merchandising. The first edition was quoted with approval by the English Court of Appeal.
Publisher: Oxford University Press
Number of pages: 544
Weight: 1108 g
Dimensions: 250 x 178 x 34 mm
Edition: 2nd Revised edition
Intellectual Property and EU Competition Law offers a detailed and authoritative exposition of how EU competition law relates to IP ... Turner's book is an invaluable tool for practitioners and in-house counsel advising on issues arising from such interaction. It is written by a lawyer for lawyers. * Riccardo Sciaudone, Queen Mary Journal of Intellectual Property *
There is no doubt that this book provides a very useful and comprehensive treatment of intellectual property and EU competition law. It is forensically accurate and is at its strongest when addressing normative measures such as the Technology Transfer Block Exemption Regulation and when considering issues in a commercial context. * Paul R. Hughes, European Competition Law Review *
Those who bought the first edition would be well advised to replace it with the latest edition, and those who do not have the book, whether they be IP or competition lawyers or simply lawyers whose practice from time to time involves issues such as restrictions in licences, mergers/concentrations (which are also covered in this work), exhaustion of rights, and internet selling will find the book very useful indeed. * Susan Singleton, European Intellectual Property Review *