Refusals to license intellectual property rights: the impact of RTE v. EC Commission (Magill) on Australian and New Zealand competition law
The European Court of Justice's opinion in Radio Telefis Eireann v. EC Commission properly balances intellectual property rights and competition laws, and New Zealand and Australian laws should accommodate the decision. The Court found that a refusal to license copyrighted material breached competition laws. The defendant was found to be using copyrights to exert monopoly power in a secondary market. Since Australia's section 46 of the Trade Practices Act 1974 and New Zealand's section 36 of the Commerce Act 1986 are patterned after EC law, the decision will be persuasive in these two jurisdictions.
Publication Name: Australian Business Law Review
Union summer: a reawakened interest in the law of labor?
The resurgence of the political activity and influence of labor unions appears to have sparked renewed interest in labor law, and the US Supreme Court decided two cases in its 1995-1996 term that will help unions organize. The Court ruled in NLRB v. Town & Country Electric that an employer cannot refuse to hire union representatives simply because of fears of disloyalty. In Brown v. Pro Football, Inc., the Court overturned a D.C. Circuit ruling that had provided that unionized workers could receive no protection from the Sherman Act's conspiracy prohibitions.
Publication Name: Supreme Court Review
- Abstracts: A prototype of WIPO's intellectual property digital library (IPDL) becomes operational. Securing protection of your intellectual property abroad
- Abstracts: Yes: a threat to property rights. No: a competitive disadvantage
- Abstracts: The regulation of groups: the influence of legal and nonlegal sanctions on collective action. Ambiguous quality changes from taxes and legal rules
- Abstracts: Preclusive effect of factual determinations of the International Trade Commission with regard to patent matters
- Abstracts: Boycotts are busting out all over. The economics of entry lags: a theoretical and empirical overview