Intellectual Property and Competition Law is the first publication to focus in depth on the intersection of intellectual property (IP) law and competition law in a European context. Inevitably, every marketed product or service can always be located at the intersection of IP law and competition law - a nexus rife with potential problems throughout the ‘life’ of IP rights. This important book, masterfully elucidates the effects of the provisions of European competition law on IP rights, and the consequences for IP rights owners from the rights’ inception to its transfer, sale, or demise.

What’s in this book:

The author describes and analyses the following topics, and more, in detail:

characteristics, purpose and theoretical justifications of IP rights;

obtaining, maintaining, and exploiting an IP right;

effects of the provisions of European competition law regarding cartels, block exemptions, abuse of dominant position, free movement of goods, and merger control;

competition between originator companies and generic companies;

licensing, especially the problem of refusal to grant a license;

enforcement of an IP right; and

waiver of an IP right.

The book analyses all major cases affecting aspects of the intersection of IP law and competition law, supported by an examination of the historical background and political influence concerning these two areas of European law. There are also special chapters on the prominent and influential national, legal systems of Germany, the United States, China, The Netherlands and the United Kingdom. An annex provides texts of the major antitrust regulations dealing with European IP rights.

How this will help you:

As a ‘biography’ of IP rights focusing on areas of entanglement with European competition law, this book is without peer. The book’s clear-sighted view of the status quo and emerging trends in the two fields of IP rights and European competition law provides valuable insights to practitioners, policymakers, and academics dealing with issues at the intersection of intellectual property law and competition law in Europe, and elsewhere.

Features:

First in-depth treatment of the nexus of intellectual property rights and EU competition law.

Thorough analysis of status quo and emerging trends at the intersection of intellectual property rights and European competition law.

Elucidates the effects of provisions of EU competition law on intellectual property rights.

Cites major cases affecting aspects of the intersection of intellectual property rights and EU.

Chapters on the interface of Intellectual Property and Competition Law in Germany, the UK, the Netherlands, the US and China.

Benefits:

The reader obtains an overview of the topic from a single source.

The reader develops an understanding of the status quo and emerging trends at the intersection of intellectual property rights and EU competition law.

Potential problems for IP right owners arising from provisions of EU competition law can be evaluated.

Awareness of current state of enforcement of EU competition law in the area of Intellectual Property.

Potential problems for IP right owners in further major jurisdictions can be assessed.