EU antitrust law bars restraints on IP licenses; EU courts recently have forced copyright owners to grant licenses or lower royalty rates
Article Abstract:
Companies issuing intellectual property (IP) licenses for use in the European Union (EU) should remember EU jurisdiction is less receptive than the US to restraints or refusals to license in IP licenses. Licensers who dominate their markets or whose licenses lead to EU territorial restraints can face problems. European Court of Justice and European Commission decisions have required copyright owners who did not wish to license their inventions to do so.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
International law; exhaustion of IP rights
Article Abstract:
The variances between countries in rules covering the exhaustion of intellectual property rights are discussed. The US applies the rule of national or domestic exhaustion of intellectual property rights, Japan that of international exhaustion of such rights, and the European Union that of European Union-only exhaustion. The risk of reimportation within the EU is also discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
User Contributions:
Comment about this article or add new information about this topic:
E.U. competition law; essential facilities doctrine
Article Abstract:
he European Union's (EU) stricter treatment of competition law, especially restraints on intellectual property licenses or refusals to license, is discussed. EU competition law is based on articles 81 and 82 of the Treaty of Rome and various rulings are discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Prescription for liability; some courts say pharmacists have a duty to warn patients of drug hazards. Fame no bar to press coverage; civil courts must remain open unless 'overriding interest' supports closure
- Abstracts: Bankruptcy; new-value exception. Lessors win bankruptcy claim status; the 2d Circuit recently awarded landlords a priority for claims against Chapter 11 debtors, allowing losses to be paid in full
- Abstracts: Rising attraction of inflation-indexed securities. Short-term Treasury securities outshine money market funds
- Abstracts: A confidence revealed; an in-house lawyer who discloses bias complaints may not be protected from reprisal under Title VII
- Abstracts: Touched by a centurion; group works to free inmates in tainted capital cases. Judges side with media; despite high jury awards, absence of actual malice dooms cases