EU Competition Law and Intellectual Property Rights: The Regulation of Innovation - Softcover

Anderman, Steve; Schmidt, Hedvig

Softcover

ISBN 10: 0199589968 ISBN 13: 9780199589968

Publisher: Oxford University Press, 2011

Synopsis

Widely read and appreciated in its first edition by students, academics and junior practitioners, EU Competition Law and Intellectual Property Rights was the first book to offer an accessible introduction to the interface between competition law and intellectual property rights. Now fully updated, but retaining the accessible approach, it continues to represent an ideal gateway to this increasingly dynamic interface, offering a sound introduction to the topic based on thorough legal analysis. It provides a foundation to EU competition law rules as they relate to intellectual property rights, and explores how such a template can be applied to existing intellectual property rights and adapted to new technologies such as telecommunications and information technology. It demonstrates how, both under the EU law and as a matter of economic policy, EU competition law must provide a set of outer limits to, and a framework of rules which regulate, the exploitation and licensing of intellectual property rights. A group of landmark cases since the first edition - the Microsoft case and its predecessor concerned with database rights, the IMS case - has extended the scope of Article 102 TFEU to a refusal to license interface codes. Article 102 has also been applied in the Astra Zeneca case to regulate the behavior of pharmaceutical companies and the pharmaceutical sector has recently experienced a sectoral enquiry. Finally, the field of industrial standards, patent ambushes and FRAND obligations has become the subject of competition law scrutiny. Under Article 101 TFEU, the modernization reforms and the new Technology Transfer Block Exemption Regulation 772/2004 together with the Technology Transfer Guidelines have quite radically reformed the method that lawyers must use when analysing the limits

About this title

About the Author

Steve Anderman is Professor of Law in the Department of Law at University of Essex, UK and Guest Professor at Stockholm University School of Law. He has worked as Expert on Competition Law for the Economic and Social Committee of the EU from 1984-2004 and has advised both the Singapore (2004) and Chinese (2007) Governments on the IP consequences of their competition laws.

Dr. Hedvig Schmidt is Lecturer in EU Law in the School of Law at the University of Southampton, UK.

Review

Review(s) from previous edition

"Using clear and concise language, it ties together legislation, case law and the author's personal views into a whole, with the purpose of demonstrating that competition law should continue policing the activities of IP right owners."
--International Journal of Law and Information Technology

"This is a highly stimulating book, by an expert in competition law."
--NLJ Book Review Supplement

"He approaches the subject-matter clearly from the viewpoint of a competition lawyer, rather than an I.P. lawyer. Professor Anderman's thesis is well-reasoned and argued, an invaluable addition to any library and an interesting exposition of the law."
--Robyn Durie, Linklaters and Paines, London, EIPR, vol 21, issue 6, 1999

Edition details

• Publisher: Oxford University Press
• Publication date: 2011
• ISBN 10: 0199589968
• ISBN 13: 9780199589968
• Binding: Paperback
• Language: English
• Edition number: 2
• Number of pages: 392