EU Competition Law and Intellectual Property Rights

Hardback

EU Competition Law and Intellectual Property Rights

9781781006887 Edward Elgar Publishing
Pat Treacy, Former Head of Competition Law, Bristows LLP, London, UK
Publication Date: July 2024 ISBN: 978 1 78100 688 7 Extent: c 496 pp
This authoritative book from one of the top experts in the field sets out a detailed and practical analysis of the complex and often fraught relationship between EU competition rules and intellectual property rights. It is an essential resource for competition lawyers litigating Tech and Pharma cases and advising companies in those sectors, for in-house counsel within those industries, and for IP lawyers needing to understand the competition aspects of licensing agreements. It is also an indispensable reference for courts, enforcement agencies and national competition authorities, as well as for scholars researching in the field.

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This authoritative book from one of the top experts in the field sets out a detailed and practical analysis of the complex and often fraught relationship between EU competition rules and intellectual property rights (IPRs).

Beginning with a primer on the general principles that underpin intellectual property and competition law, the book then provides exhaustive coverage of the application of Article 101 TFEU on anticompetitive agreements to IP licensing. Detailed treatment of licensing agreements includes; agreements under the Technology Transfer Block Exemption regulation (TTBER); agreements outside of the scope of the TTBER, such as multilateral licences, pooling agreements and settlement agreements; horizontal agreements such as those relating to R&D; and vertical agreements such as those relating to distribution and franchising.

Extensive analysis of the application of Article 102 TFEU on abuse of dominance provides clarity on when and how conduct relating to IPRs might infringe Article 102. This is followed by a chapter dedicated to the EU merger control regime and its implications for IPRs, including their role in merger remedies. Whilst there is a focus on the Tech sector throughout, the book also includes a chapter dedicated to the pharmaceutical sector, and finally a chapter on Competition Law standards and FRAND.

Key Features:

● Focus on the Tech and Pharmaceutical sectors
● Extensive commentary on relevant case law and landmark judgments
● Coverage of general principles which underpin competition law and IPRs
● Practical guidance on how lawyers might assess the likelihood of infringement and advise clients accordingly
● Comprehensive treatment of competition rules relating to licence agreements across Patents, Copyright and Trade Marks

EU Competition Law and Intellectual Property Rights is an essential resource for competition lawyers litigating Tech and Pharma cases and advising companies in those sectors, for in-house counsel within those industries, and for IP lawyers needing to understand the competition aspects of licensing agreements. It is also an indispensable reference for courts, enforcement agencies and national competition authorities, as well as for scholars researching in the field.
Critical Acclaim
‘An indispensable addition to the toolkit of any practitioner dealing with the complex relationship between EU Competition Law and IPRs. Pat is able to condense her decades-long experience in the field in a very accessible manner. The book is full of practical tips, making it a daily source of inspiration for competition lawyers litigating cases concerning IP related conducts and for IP lawyers needing to understand the competition law constraints in the exercise of IPRs. It will undoubtedly become one of the most often used resources on many desks.’
– Vittorio Cerulli Irelli, Partner, Trevisan & Cuonzo, Italy
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