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.
EU Competition Law Policy versus Intellectual Property Rights: A Study of the Microsoft Case
