Intellectual Property Rights and the EC Competition Rules

This latest monograph by Professor Korah on the recent group exemption consists of a detailed and critical commentary on the technology transfer block exemption and guidelines of 2004, and of the case law of the ECJ and Commission on licensing and refusals to license, together with annotated copies of the regulation and guidelines. There is a substantial chapter on refusal to supply or license in the light of the recent case law under Article 82. It embraces many of the competition issues that may affect intellectual property rights. After a brief introduction, the work starts with short chapters on the free movement of goods and services, the status of the Commission's guidelines and the historically hostile attitude of the Commission under Article 81 towards licensing. It then launches into a detailed analysis of the regulation and the probable treatment of licences that do not fall within it. Throughout the book the author provides extensive analysis of policy and economics as well as comparison with US practice.

Table of Contents:
Chapter 1 Introduction - tension between intellectual property rights (iprs) on the one hand and the competition rules and principle of free movement on the other Chapter 2 Free movement of Goods Chapter 3 Status of Various Sources of Law Chapter 4 Article 81 Chapter 5 The New Group Exemption for Technology Transfer - Regulation 772/04 (TTBER) Chapter 6 Recitals and Guidelines Not Limited to Agreements Exempted by the TTBER Chapter 7 Other Kinds of Commercial and Industrial Property Rights Chapter 8 Article 82 Chapter 9 General Comment on iprs and competition Chapter 10 General conclusion

About the Author :
Valentine Korah is Professor Emeritus of Competition Law at University College, London, and a Barrister.

Review :
This book provides a clear framework for the beginner but at the same time provides plenty of food for thought for those who might consider themselves rather more expert in the field. Importantly, Professor Korah manages to set her thoughts on some of the less explored issues in a highly structured framework which means that the book will be of genuine use to the practitioner…It would be equally important for those seeking a broad understanding of intellectual property law and the context within which it operates in Europe. It is a very useful book for academics and practitioners alike. …a sharp, provocative and exhaustive analysis, likely to be of considerable interest to academics and practitioners working in the field of competition law. Korah's book is a welcome addition to the market…Those who are familiar with the author's insightful, concise and always rigorous style will recognize it once again here…The book is interesting beyond the topic of IP rights and competition law…this book offers an insightful overview of the legal principles, the leading cases, and the Commission technology transfer regulation and guidelines. It is a useful, concise and readable text that will prove invaluable for competition and IP law students and practitioners alike. …one of the strengths of the book is Korah's ability to illustrate the current legal position as the result of a lengthy and not always straightforward development. Another strength is the analysis of the complete body of case law of the ECJ, the CFI and the Commission.…She has, once more, succeeded in contributing an individual, and at times idiosyncratic, view on an important subject matter. Nobody who is interested in intellectual property rights and competition law, especially in the BER technology transfer, can ignore this contribution. This book is very useful for both practitioners and students, and according to Sir Robin Jacob's foreword, to judges…this book offers a very compact and stimulating account of what is an important and developing area of the law. Readers will find it both useful and accessible. … a detailed and critical commentary…The author provides a detailed analysis of the Regulation and the likely treatment of licences that are not covered by it. Throughout the book, the author provides extensive analysis of politics and economics and includes a comparison of competition law in Europe and the United States…The level of analysis of the case law of the European Court of Justice, the European Court of First Instance and the Commission makes this an invaluable reference for people with a sophisticated interest in intellectual property rights and competition law as they currently operate in Europe. This book… provides plenty of food for thought