Competition Law & Intellectual Property

Course level

Specialist

Delegates

This course will be of benefit to all commercial lawyers who draft software, patent and other licensing agreements, as well as those involved with parallel importation of products and trademark issues.

Overview

This course examines UK and EU competition law as it applies to intellectual property. It concentrates on the application of competition laws to the IP field. The natural tension between what can be quasi-monopoly rights and anti-trust laws has resulted in many specialist provisions in this field.

Topics covered on this course will include

• The EU Technology Transfer Block Exemption Regulation - 772/2004 implications and application - know-how, patent and software licensing
• Technology Transfer Guidelines
• The EU regulation on research and development agreements
• When will refusal to license a right be an abuse of a dominant position? (2008/09 Case law - Microsoft)
• Free movement of goods in the 27 nation EU and exercise of trademark rights - parallel importation issues including Glaxo ECJ case (Oct 2008)
• General drafting issues for IP agreements
• Intellectual Property settlement agreements and the competition rules
• Pitfalls and hints when drafting IP agreements