Refusals to license intellectual property rights: the impact of RTE v. EC Commission (Magill) on Australian and New Zealand competition law

Article Abstract:

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.

Licenses, Patents & Trademarks, Australia, Laws, regulations and rules, Intellectual property, New Zealand, Copyright licenses, Copyright licensing, European Union

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Union summer: a reawakened interest in the law of labor?

Article Abstract:

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.

United States, Labor law, Labor unions, Unionization

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