Intellectual Property Licences and Technology Transfer

Examined in this book are the changes by the European Commission (EC) to the law governing the enforceability of intellectual property licences in Europe.

Auteur
Dr Duncan Curley is a partner in McDermott, Will & Emery's European Intellectual Property Practice Group. He regularly advises clients on intellectual property and licensing, and he has a particular interest in the interface between intellectual property rights and EC competition law. He has published widely in legal journals and national newspapers.

Texte du rabat
Contents include: Introduction of IPRs; exploitation of IPRs (licences and other agreements); the impact of competition law; Article 81(1) of the EC Treaty; Article 81(3) of the EC Treaty (individual exemption; block exemption; Regulation (EC) No.240/96) Modernisation - the Modernisation Regulation (EC) No. 1/2003 (abolition of the notification procedure); an economics based approach; market power (product markets; geographic markets; methodologies) The new Technology Transfer Block Exemption Regulation - competitors or non-competitors (flow diagram); technology markets; agreements between non-competitors; agreements between competitors; and transitional arrangements; Hardcore restrictions - improvements (grant back of exclusive licence; assignment); no-challenge clauses; limiting of output; and limiting of licensee's ability to exploit its own technology Article 81(3) Challenging the legality of licence agreements - in the Courts.

Résumé
".the work is lucid and helpful." --World Competition

Contenu
Introduction - intellectual property rights; exploitation of intellectual property rights (licences and other agreements); the impact of competition law; Article 81(1) of the EC Treaty; Article 81(3) of the EC Treaty (individual exemption; block exemption; Regulation (EC) No. 240/96). Modernisation - the Modernisation Regulation (EC) No. 1/2003 (abolition of the notification procedure); an economics based approach; market power (product markets; geographic markets; methodologies). The new Technology Transfer Block Exemption Regulation - competitors or non-competitors (flow diagram); technology markets; agreements between non-competitors; agreements between competitors; transitional arrangements. Hardcore restrictions - improvements (grant back of exclusive licence; assignment); no-challenge clauses; limiting of output; limiting of licensee's ability to exploit its own technology. Article 81(3)Challenging the legality of licence agreements - in the Courts; complaints to the European Commission. Conclusions - risk assessment