Technology Transfer and the New EU Competition Rules: Intellectual Property Licensing after Modernisation

The new Technology Transfer Block Exemption Regulation (in force from May 1, 2004) signals a profound change in the nature of the regulatory framework for technology licensing under EU competition law. This book examines the new Regulation in detail, placing it in the wider context of: (i) the context of the modernisation reforms of EC competition law generally; and (ii) the changes in treatment of "technology transfer" within the broader context of changes in treatment of IP rights over technology more generally. The book also considers the approach to assessment of IP issues set out in the Guidelines that accompany the Regulation. The central feature of the Commission's new approach is that firms and practitioners must engage in self-assessment to determine whether their agreements comply with Community competition law. Paradoxically, this makes it more important that practitioners understand the significance of the old case law: the book considers to what extent these cases remain valid today. It also goes beyond paraphrasing the Commission's Guidelines, discussing their legal basis and, where appropriate, criticising the approach taken by the Guidelines where the legal basis is unsure.

Table of Contents:
Part IIntroduction 1: Introduction 2: The Development of the Regulatory Framework for IP Licensing in the EC Part IIThe New Framework for Analysis of IP Issues 3: The 'Modernisation' of EU Competition Law Enforcement - the New Analytical Paradigm for Applying Article 81 Analytical Paradigm for Applying Article 81 4: Applying the Economics-based Approach to Article 81: Assessing Competitive Harm and Economic Benefit 5: IP Licensing under the New Paradigm 6: Market Definition Part IIIApplying the Methodology to Agreements Under the New Rules 7: 'Vertical' Agreements for Technology Transfer between 'Non-competitors' 8: Licensing between Competitors 9: Cooperative Development and Exploitation of Technology - Standard Setting; Technology Pools; and Joint Research and Development 10: Technology Licensing and Article 82 Appendices A: The Main Features of the New Technology Transfer Regulation B: Technology Transfer Block Exemption Regulation C: Commission Notice Guidelines on the application of Article 81 of the EC Treaty to technology transfer agreements (2004/C 101/02)

About the Author :
Steven D. Anderman is Professor of Law at Essex University. His work as Expert on Competition Policy to the Economic and Social Committee of the EU since 1984 has included succeeding Patent and Know-how Block Exemption Regulations, including the current Technology Transfer Block Exemption Regulations, the Merger Control Regulation, and the Vertical, Horizontal and Modernisation Regulations. He has also taken part in various advisory groups preparing the UK Competition Act 1998, and made presentations to the Intellectual Property Advisory Committee of the UK Patent Office on issues of competition law and the exercise of IPRs and on IP research programmes. John Kallaugher is Partner in the Global Antitrust and Competition Practice at Latham and Watkins. He has a broad practice touching all areas of competition law. He has represented clients from many industrial sectors in competition cases before the Commission, national competition authorites, Community Courts, national courts and arbitral tribunals. He is also Visiting Professor at University College London, where he teaches comparative US, EC, antitrust and competition law.