Intellectual Property and Competition Law

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

The authors 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 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; and
• • enforcement of an IP right.

The book analyses all major cases affecting aspects of the intersection, supported by an examination of the historical background and political influence concerning the 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.

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