Intellectual Property and EU Competition Law

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.

Table of Contents:
Fundamental elements of the interface between intellectual property rights and EU competition law 1: Introdcution 2: Basic Principles 3: Existence of Intellectual Property Rights 4: Justified Scope of Intellectual Property Rights under EU Law Application of Article 101 to agreements relating to intellectual property 1: Introduction 2: Agreement between Undertakings, Concerted Practice, or Decision of Association of Undertakings 3: Effect on Trade between Member States 4: Prevention, Restriction, or Distortion of Competition 5: Exemption under Article 101 (3) 6: Consequences of the Application of Article 101 Application of Article 102 to conduct involving intellectual property 1: Introduction 2: Dominant Position 3: Abuse by Conduct Involving Intellectual Property 4: Effect on Trade between Member States 5: Consequences of the Application of Article 102 Control of concentrations involving intellectual property assets 1: Introduction 2: Ancillary Restrictions Relating to Intellectual Property 3: Assessment of whether Operation is a Concentration: Intellectual Property Issues 4: Appraisal of Concentration: Relevance of Intellectual Property 5: Remedies Affecting Intellectual Property Technology, science, designs, and software 1: Overview 2: Technology Transfer 3: Technology Pools, Standards, and FRAND Terms 4: Joint Research and Development 5: Subcontracting and Specialization Agreements: Intellectual Property Issues Culture, media, and sport 1: Copyright, Related Rights, and Other Legal Characteristics of Markets in the Fields of Culture, Media, and Sport 2: General Issues in the Application of EU Competition Law to the Exploitation of Intellectual Property Rights in these Fields 3: Collecting Societies 4: Joint Exploitation of Television Rights to Major Sporting Events 5: Other Collective or Joint Arrangements Regarding Intellectual Property Rights in the Fields of Culture, Media, and Sport Branding 1: Functions, Existence, and Justified Scope of Brand Protection by Trademarks and Other Rights 2: Horizontal Market Partitioning Using Branding 3: Resolution of Brand Conflicts 4: Terms Relating to Branding in Distribution Agreements 5: Franchising and Merchandising 6: Licensing Brands in Other Contexts

About the Author :
Jonathan D. C. Turner is a barrister based in London specialising in intellectual property and EU competition law. He has Masters Degrees in Law from Cambridge University and in European Law from the Université Libre de Bruxelles. He also studied electronics and computer science at Queen Mary College, London. He has written extensively on the application of EU competition and free trade law to intellectual property, including contributions to Halsbury's Laws of England, Vaughan & Robertson's Law of the EU, and articles in the European Intellectual Property Review, European Competition Law Review, European Law Review and the CIPA Journal, as well the treatise Intellectual Property and EU Competition Law

Review :
`Review from previous edition ...a very detailed, well-written description of the laws in this field ... full both of clear descriptions of the law but also thorough well-researched footnoted text of the kind any proper examination of the law and clients' problems requires ... All in all, this is a very useful book for competition lawyers, intellectual property lawyers and also for general commercial lawyers who want a thorough examination and description of the overlap of antitrust laws and intellectual property.' Susan Singleton, European Intellectual Property Review `the author's analysis of the law is authoritative, succinct and precise. It will surely be indispensable for practitioners' John Townsend, Modern Law Review `In all, this book was an easy read and was well indexed ... The reference to case law is as impressive as it is extensive. This is a book which should appear on the shelves of every IP practitioner.' Ashley Roughton, Journal of Intellectual Property Law and Practice `A comprehensive, detailed and accurate exposition of a controversial and increasingly important area of law' Professor Jukka Snell, Swansea University `A clear exposition of the key issues, written by someone with a keen appreciation of both intellectual property and competition law' Dr Ilanah Simon Fhima, Faculty of Laws, University College London `contains the answers - even, in some cases, in tabular form - to all the questions that might need answering' Peter Groves, Ipso-Jure blog `set to become the leading work of reference on this difficult, but very important, subject' David Vaughan CBE, QC (from the Foreword)