Intellectual Property and EU Competition Law (2nd edition)

ISBN : 9780198708247

Jonathan D. C. Turner
544 ページ
178 x 250 mm

The interface between intellectual property rights and competition policy is one of the most important and difficult areas of EU commercial law and corresponding national laws. The exploitation of exclusive rights can conflict with competition law, which aims to preserve competition as the driving force in efficient markets. These conflicts have to be resolved against the background of a complicated relationship between EU law, national laws, and international treaties relating to intellectual property. This second edition of an extremely well-reviewed work covers numerous developments that have taken place since the first edition, including the revision of the Technology Transfer Block Exemption and Guidelines, the adoption of a new block exemption for Research and Development, revised Guidelines on horizontal co-operation, the implications of the UsedSoft judgment on exhaustion of rights, EU legislation regulating collecting societies, and cases concerning the abuse of dominant position by misuse of the patent system such AstraZeneca v Commission. The book contains a detailed explanation of the application of EU competition law to all types of intellectual property and the resulting regulatory framework for the exploitation and licensing of intellectual property rights. It has practical analysis of such issues as technology transfer and pools, standards, research and development, collecting societies, franchising, and merchandising. The first edition was quoted with approval by the English Court of Appeal.


1. Fundamental elements of the interface between intellectual property rights and EU competition law
2. Application of Article 101 to agreements relating to intellectual property
3. Application of Article 102 to conduct involving intellectual property
4. Control of concentrations involving intellectual property assets
5. Technology, science, designs, and software
6. Culture, media, and sport
7. Branding


Jonathan D. C. Turner is a barrister based in London specialising in intellectual property and EU competition law. He has Masters Degrees in Law from Cambridge University and in European Law from the Universite Libre de Bruxelles. He also studied electronics and computer science at Queen Mary College, London. He has written extensively on the application of EU competition and free trade law to intellectual property, including contributions to Halsbury's Laws of England, Vaughan & Robertson's Law of the EU, and articles in the European Intellectual Property Review, European Competition Law Review, European Law Review and the CIPA Journal, as well the treatise Intellectual Property and EU Competition Law