Law of the European Union

Edited by David Vaughan CBE QC and Aidan Robertson QC
Managing Editor, Pavlos Eleftheriadis

234x156mm

978-1-90-450111-4 | Looseleaf | 22 March 2007

Mainwork Price: £965.00 (Includes first-year updating)
Subsequent Annual Service: £625.00

This product is regularly updated with new releases (approx 4 releases per year). Subscribers to the annual service will receive new releases as they become available.

Publication Date of Next Release: April 2012

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Issue 28 contains a new release of Section 21D, 'Competition: Application to Intellectual Property Rights' by Jonathan D. C. Turner, Barrister at 13 Old Square Chambers. This contribution completes the Competition Section and is an invaluable addition to our encyclopedia. The text covers the main principles of the relationship between EU competition law and intellectual property rights. Its first part discusses the general questions raised by the interface between intellectual property and EU competition law. Subsequent parts focus more closely on the three branches of EU competition law, namely the prohibition of restrictive agreements under Article 101 of the Treaty on the Functioning of the European Union (TFEU) (ex Article 81 EC), the prohibition of abuses of dominant position under Article 102 of the TFEU (ex Article 82 EC) and the control of concentrations under the Merger Regulation 139/2004. This is the first full section to take fully into account the Lisbon Treaty. The early parts of this sub-section include an extremely valuable introduction to the issue of principle: how far can intellectual property rights constrain free competition? Turner observers that exclusive rights protecting intellectual property are sometimes regarded as inherently conflicting with competition. He notes, however, that the better view is that these rights are essential to enable undistorted competition in innovation, since in the absence of such protection an undertaking could appropriate the benefit of a rival's efforts without paying them anything. In other words, the restriction of business activity that results from the protection of intellectual property rights is designed to enable appropriate competition in ingenuity and creativity. In the rest of the section the author shows very skillfully how these general principles are embodied and refined in the case law of the European Courts. The next Release, 29, will publish in early 2011.

Edited by David Vaughan CBE QC, Barrister, Brick Court Chambers; Honorary Professor of European Law, Durham University, and Aidan Robertson QC, Barrister, Brick Court Chambers

Managing Editor, Pavlos Eleftheriadis, Fellow in Law, Mansfield College, Oxford; Barrister, Francis Taylor Building

Contributors:
Tony Askham, Bond Pearce
Kelyn Bacon, Brick Court Chambers
Robert Bell, Nabarro Nathanson
Guy Block, Janson Bauginet
Oliver Bretz, Clifford Chance
Christopher Brown, Matrix Chambers
Prof Geert Van Calster, Katholieke Universiteit Leuven
Wim Vandenberghe, DLA Piper
Trevor Cook, Bird & Bird
Cerry Darbon, Allen & Overy
Tim Eicke, Essex Court Chambers
Pavlos Eleftheriadis, Mansfield College, Oxford
Dr Andrew Evans, Queen's University, Belfast
Arshad Ghaffar, Twenty Four Old Buildings
Prof Laurence Gormley, Rijksuniversiteit Groningen
Margaret Gray, Brick Court Chambers
Martha Grekos, Berwin Leighton Paisner
John Handoll, William Fry
Chris Hedley, DEFRA / Oceanlaw
Elisa Holmes, Monckton Chambers
Anneli Howard, Monckton Chambers
Mark Jephcott, Clifford Chance
Angus Johnston, University of Cambridge
Thomas Karalis, Reed Smith Richards Butler
Brian Kennelly, Blackstone Chambers
Nicholas Khan, Blackstone Chambers
KPE Lasok QC, Monckton Chambers
Sarah Lee, Brick Court Chambers
Maya Lester, Brick Court Chambers
Prof Joseph McMahon, University College Dublin
Timothy Millett, Court of Justice of the European Communities
Prof Niamh Moloney, University of Nottingham
Wolfgang Mueller, European Commission
Dr Paolisa Nebbia, University of Leicester
Thomas Papadopoulos, University of Oxford
Prof Steve Peers, University of Essex
Philip Riches, Stone Chambers
Nicolas Rollason, Kingsley Napley
Prof Takis Tridimis, Queen Mary College, University of London / Matrix Chambers
Jonathan Turner, Thirteen Old Square
David Vaughan CBE QC, Brick Court Chambers
Prof Philippa Watson, Essex Court Chambers
Carsten Zatchler, European Court of Justice
Christos Hadjiemmanuil, London School of Economics

Law of the European Union

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