scholarly journals Legal Issues on the EU competition law and intellectual property rights - Focused on the EU Microsoft case-

2009 ◽  
Vol 4 (4) ◽  
pp. 145-181
Author(s):  
Kyung-Won Chang
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Legal Issues ◽  
Eu Competition Law ◽  
The Eu

scholarly journals The peculiarities of observance of the EU competition law in the conditions of digital environment and the protection of intellectual property rights

2021 ◽  
pp. 29-38
Author(s):  
Irina Viktorovna Shugurova
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
European Commission ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Digital Environment ◽  
The European Union ◽  
Eu Competition Law ◽  
Comprehensive Examination ◽  
The Eu

The subject of this research is the analysis of interaction between the EU competition law and the intellectual property legislation in the conditions of the development of digital environment. The goal lies in determination of the peculiarities of observance of the EU competition law in the process of implementation and protection of the intellectual property rights. The author dwells on correlation between the principle of free movement of goods and services within the single market and the principle of territorial scope of exclusive rights. Analysis is conducted on the key provisions of the European Commission Regulation, which exclude certain agreements, namely on the transfer of technologies, from the Article 101(3) of the Treaty on the Functioning of the European Union. The main conclusion lies in the theoretical assumption that the EU legal policy in the sphere of competition in the conditions of the development of the Digital Single Market is aimed simultaneously at protection of competition and protection of the potential of innovations. Reaching the balance between the interests of all parties to the market relations would promote innovations and keep the market open. The scientific novelty of this research consists in comprehensive examination of the main approaches of the European Commission and the Court of Justice of the European Union towards settling disputes in the area of licensing, as well possible abuse by the copyright holders of their dominant position in the conditions of development of the digital environment. The author’s main contribution lies in comprehensive examination of the provisions of the Treaty on the Functioning of the European Union on Protection of Competition from the perspective of implementation and protection of exclusive rights.

Multimedia Digital Library as Intellectual Property

2008 ◽  
pp. 279-290
Author(s):  
H. Sasaki ◽  
Yasushi Kiyoki
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Digital Library ◽  
Digital Libraries ◽  
Critical Issue ◽  
Legal Issues ◽  
System Implementation ◽  
Fundamental Knowledge ◽  
Library Community

The principal concern of this chapter is to provide those in the digital library community with the fundamental knowledge on the intellectual property rights and copyrights regarding multimedia digital libraries. The main objects of our discussion are the multimedia digital libraries with content-based retrieval mechanisms. Intellectual property rights are the only means for database designers to acquire their incentive of content collection and system implementation in database assembling. We outline the legal issues on multimedia digital libraries and retrieval mechanisms. As the protection of intellectual property rights is a critical issue in the digital library community, the authors present legal schemes for protecting multimedia digital libraries and retrieval mechanisms in a systematic, engineering manner.

scholarly journals Transatlantic trade and investment partnership (TTIP) and the spill overs effects on the Gulf – cooperation council

2017 ◽  
Vol 59 (1) ◽  
pp. 35-51
Author(s):  
Nadia Naim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Agreement ◽  
Global Trade ◽  
Content Type ◽  
Transatlantic Trade ◽  
The Usa ◽  
Trade And Investment ◽  
The Eu

Purpose The purpose of this paper is to examine the transatlantic trade and investment partnership (TTIP). The EU and the USA are negotiating the TTIP, a trade agreement that aims to remove trade barriers across different economic sectors to increase trade between the EU and the USA. The TTIP will have spill over effects on the MENA region, the GCC, Australia and the Asian sub-continent, as it raises key questions for intellectual property and international trade agreements. For instance, will the USA and EU be on an equal footing or will one triumph over the other, will third party countries like the GCC states be expected to adopt new standards. Design/methodology/approach The research design is a paper and online data collection method to find literature to date on intellectual property law development in the GCC states in relation to the three research objectives as set out above. The literature is the population, and this could prove problematic. Different databases have been used to cover all sources where data can be found. Findings As the EU-USA TTIP is aiming to conclude by the end of 2015, the GCC has an opportunity to reassess its relationship with both the EU and GCC. Up until now, the GCC was able to enter into negotiations with the EU and USA relatively independently. However, where the EU and USA can agree, there will be a harmonisation of regulations. This therefore has repercussions for the GCC. The TTIP has three main aims: to increase trade and investment through market access, increase employment and competitiveness and create a harmonised approach to global trade. To harmonise global trade, the EU and USA aim to harmonise their intellectual property rights through an intellectual property rights chapter that deals specifically with enhancing protection and recognition for geographical indications, build on TRIPS and patentability. Research limitations/implications This study is non-empirical. Originality/value The TTIP will have spill over effects for the GCC, as it has yet to finalise the EU-GCC free trade agreement and USA-GCC framework agreement. The power dynamics between the USA and EU will be a deciding factor on the intellectual property chapter in the TTIP in terms of what the provisions for intellectual property will look like and what powers will be available to investors to bring investor-state-dispute settlement claims against foreign countries.

12. Licensing Agreements and other Agreements Involving Intellectual Property Rights

2016 ◽  
Author(s):  
Alison Jones ◽  
Brenda Sufrin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Mark ◽  
Transfer Block ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
Licensing Agreements ◽  
Movement Rules ◽  
The Relationship

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines some of the different types of intellectual property rights (IPRs) before outlining the relationship between intellectual property and both EU competition law and the EU free movement rules. It focuses, however, on IP licensing agreements and their treatment under Article 101. The chapter is organized as follows. Section 3 traces the development of EU competition policy to IP licensing agreements. Sections 4 and 5 examine the current Technology Transfer Block Exemption, Regulation 772/2004 (TTBER) and the Guidelines in detail (noting where significant changes might occur in 2014). Sections 6, 7, and 8 deal with trade mark licences, trade mark delimitation agreements, and copyright (other than software) licences not covered by the TTBER and Guidelines. Section 9 outlines issues arising in cases involving IPRs under Article 102, while Section 10 concludes.

Sign in / Sign up

Export Citation Format

Share Document