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Contemporary Intellectual PropertyLaw and Policy

Contemporary Intellectual Property: Law and Policy (5th edn)

Abbe Brown, Smita Kheria, Jane Cornwell, and Marta Iljadica
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date: 04 October 2022

p. 78220. EU competition law and intellectual propertylocked

p. 78220. EU competition law and intellectual propertylocked

  • Abbe Brown, Abbe BrownProfessor in Intellectual Property, University of Aberdeen
  • Smita Kheria, Smita KheriaSenior Lecturer in Intellectual Property Law, University of Edinburgh
  • Jane CornwellJane CornwellLecturer in Intellectual Property Law, University of Edinburgh
  •  and Marta IljadicaMarta IljadicaLecturer in Intellectual Property, University of Glasgow

Abstract

This chapter provides an overview of the tension between the application of competition law and the exercise of IPRs. Key issues are the circumstances in which competition law may be applied to moderate the exercise of IPRs in the relevant market; clauses in intellectual property (IP) licensing agreements between undertakings that might be permissible in terms of EU competition law and those which are not; the conditions under which a refusal to supply products protected by an IP right might constitute an abuse of a dominant position by the right holder; and when competition law can provide a defence to an infringement action.

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