Licence agreements, competition and the internal market
By: Yves Van Couter, Bernard Vanbrabant
Contributors: Vanbrabant, Bernard
Publisher: Larcier
Published: 2008
Place of publication: Bruxelles
Language: eng
Number of pages: 200
ISBN-13: 9782804431815
Subjects: Unfair Competition; Antitrust law; License agreements; Law and legislation; Technology transfer; Restraint of trade
Description: "Focuses on the relationship between exploitation of intellectual property and competition law, assessing compliance of licence agreements with articles 81 and 82 EC Treaty. Whereas granting licences can be regarded as part of the normal exercise of intellectual property rights, the conditions to which licences are subject, such as exclusive rights, restrictions on output, sales and use, non-compete clauses, etc., can, pursuant to article 81 EC Treaty entail prohibited restrictions of competition that may result in sanctions such as annulment of the agreement, or of a part thereof. An important 'safe harbour' may however be available under Community law since the entry into force of Commission Regulation (EC) No. 772/2004 on technology transfer agreements. The Microsoft cases further illustrate that a refusal to licence intellectual property may lead to an abuse of a dominant position prohibited by article 82 (EC) Treaty resulting in considerable fines for the IP owner. Finally this book addresses the relationship between licence agreements and the Internal Market (free movement of goods within the European Economic Area)"--P. [4] of cover.
Notes: Includes bibliographical references (p. 191-193) and index.