p. 80719. The relationship between intellectual property rights and competition law
- Richard WhishRichard WhishEmeritus Professor of Law at King’s College London
- , and David BaileyDavid BaileyProfessor of Practice in Competition Law at King’s College London
Abstract
This chapter considers the relationship between intellectual property rights and competition law. After a brief introduction, it deals in general terms with the application of Article 101 to licences of intellectual property rights. The chapter proceeds to discuss the provisions of Regulation 316/2014, the block exemption for technology transfer agreements. It also considers the application of Article 101 to various other agreements concerning intellectual property rights such as technology pools and settlements of litigation. This is followed by a section on the application of Article 102 to the way in which dominant undertakings exercise their intellectual property rights, including an examination of the controversial subject of refusals to license intellectual property rights which are sometimes found to be abusive. The chapter concludes with a look at the position in UK competition law.
Keywords
- Intellectual property rights
- Articles 101 and 102 TFEU
- Exhaustion
- Patents
- Patents Act 1977
- Intra-technology competition
- Inter-technology competition
- Patent licences
- Standard-essential patents
- Know how
- Know how licences
- Copyright
- Copyright licences
- Trademarks licences
- Software licences
- Plant breeders’ rights
- Technology transfer agreements
- Technology transfer guidelines
- Regulation 316/2014
- Market share cap
- Hardcore restrictions
- Excluded restrictions
- Technology pools
- Settlements of litigation
- Pay-for-delay agreements
- Trade mark settlements
- Refusals to license
- Compulsory licences
- FRAND
- Royalties
- Digital platforms
- Big data
- Collecting societies
- Vexatious behaviour
- Patent ambush
