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European Competition Law Annual 2005 : The Interaction Between Competition Law and Intellectual Property Law - Claus-Dieter Ehlermann

European Competition Law Annual 2005

The Interaction Between Competition Law and Intellectual Property Law

By: Claus-Dieter Ehlermann (Editor), Isabela Atanasiu (Editor), Giuliano Amato (Contribution by), S.D. Anderman (Contribution by), A.Douglas Melamed (Contribution by)

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This is the tenth volume in the highly topical series based on the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces materials of the roundtable debate, which examined the interaction between competition law and intellectual property law. The workshop participants - a group of senior representatives of the Commission and the national competition authorities of some EC Member States, renowned international academics, and expert legal practitioners - discussed the economic and legal issues that arise in this particular area of application of EC competition rules, including such topics as: -- whether the characteristics of intellectual property products/markets justify special treatment under the competition rules -- the critical assessment of the Block Exemption Regulation and corresponding Guidelines recently adopted in this area of EC competition law enforcement -- the enforcement issues that arise in relation to patent pools and collecting societies -- the specific problems related to intellectual property in the domains of merger control and application of Article 82 EC

General aspectsp. 1
Panel I : to what extent does IP require/justify a special treatment under competition rules?p. 3
Panel II : a critical examination of the TT block exemption regulation and TT guidelinesp. 34
Competition and intellectual property in the US : licensing freedom and the limits of antitrustp. 49
Regulating intellectual property via competition : or regulating competition via intellectual property : competition and intellectual property : ten years on, the debate still flourishesp. 59
Intellectual property : how special is its competition case?p. 91
On the intersection of IPRs and competition law with regard to information technology marketsp. 105
Unique works/unique challenges at the intellectual property/competition law interfacep. 119
From black and white to enlightenment : an economic view of the reform of EC competition rules on technology transferp. 141
The new technology transfer block exemption regulation and guidelinesp. 161
Technology transfer and the IP/competition interfacep. 211
Selected problem areasp. 237
Panel III : patent poolsp. 239
Panel IV : collecting societiesp. 254
Uncertain patents, antitrust, and patent poolsp. 273
The new technology transfer guidelines (TTG) as applied to patent pools and patent pool licensing : some observations regarding the concept of 'essential technologies'p. 295
Patent pools : approaching a patent law problem via competition policyp. 305
Australian intellectual property law, competition and collecting societies : efficiency, monopoly, competition and regulationp. 329
Collecting societiesp. 343
EC competition law enforcement and collecting societies for music rights : what are we aiming for?p. 361
Collecting societies : the usual suspectsp. 371
The application of competition law to collecting societies in a borderless digital environmentp. 399
Selected problem areas (continued)p. 419
Panel V : intellectual property and merger controlp. 421
Panel VI : abuse of dominance in licensing and refusal to licensep. 439
The role of intellectual property in merger review : recent cases from the US antitrust enforcement agenciesp. 463
Intellectual property and merger control : review of the recent experience under the European merger regulationp. 475
Reflections on enforcement actions and statements concerning intellectual property elements of merger reviewp. 497
Intellectual property and merger control (Germany/EU)p. 517
Intellectual property and merger controlp. 565
Canada's Competition Act, unilateral conduct and the licensing of IP rights : balancing on a tight ropep. 577
Article 82 EC : exceptional circumstances : the IP/antitrust interface after IMS healthp. 609
Monopolization, abuse of dominance, and refusal to license intellectual property to competitors - do antitrust duties help or hurt competition and innovation : how do we know?p. 633
Abuse of dominance in licensing and refusal to license : a 'more economic approach' to competition by imitation and to competition by substitutionp. 647
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841136455
ISBN-10: 184113645X
Series: European Competition Law Annual
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 768
Published: 12th March 2007
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 4.1
Weight (kg): 1.24
Edition Number: 1