1-2 of 2 Results

  • Keyword: patent pools x
Clear all


Cover Jones & Sufrin's EU Competition Law

12. Licensing Agreements and Other Agreements Involving Intellectual Property Rights  

Alison Jones, Brenda Sufrin, and Niamh Dunne

This chapter examines some of the different types of intellectual property rights (IPRs) before outlining the relationship between intellectual property and both EU competition law and the EU free movement rules. It focuses, however, on IP licensing agreements and their treatment under Article 101. The chapter traces the development of EU competition policy to IP licensing agreements and examine the current Technology Transfer Block Exemption and the Guidelines in detail. It also examines patent settlement agreements (including pay for delay agreements), patent pools, trademark licences, trademark delimitation agreements, and copyright (other than software) licences not covered by the TTBER and Guidelines.


Cover Competition Law

19. The relationship between intellectual property rights and competition law  

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.