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In the European Union, competition policy regarding intellectual property related restrictions of competition has considerably changed in orientation. Whereas in the field of contractually agreed upon or concerted practices (Art.81 EC Treaty) licensing agreements, namely agreements on the...
Persistent link: https://www.econbiz.de/10011186773
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GLOBALISATION OF ECONOMIC LAW: TOWARDS A NEW ORDRE PUBLIC ??CONOMIQUE. INTRODUCTORY REPORT The introductory report to the second AIDE-colloquium on «Globalisation of Economic Law», which was subtitled «Towards a New ordre public économique», presents, first, economic globalisation as a...
Persistent link: https://www.econbiz.de/10010533782
Private enforcement of the European Union's rules on competition (Arts. 101, 102 TFEU) has become prominent as a counterpart to their public enforcement. Mostly, it is identified with tort actions brought under EU-harmonized national law by individuals claiming compensation for the harm suffered...
Persistent link: https://www.econbiz.de/10014501697
In the European Union the relationship between anti-trust law and the law against unfair practices in competition raises not only issues of how to properly delimit the scope of application of the rules of both bodies of law, but also of how to divide the exercise of legislative authority over...
Persistent link: https://www.econbiz.de/10005029604
Since the nineties of the last century two opposite trends have marked the development of international intellectual property protection. On the one hand, world trade negotiations have resulted in the establishment of a globally uniform system of adequate protection of intellectual property by...
Persistent link: https://www.econbiz.de/10005029606
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The completion of a Community system of unitary intellectual property protection has come to a halt when the Commission’s proposal for a Community Patent Regulation was shelved by the Council on political grounds in late 2004. By contrast, under the auspices of the European Patent Organization...
Persistent link: https://www.econbiz.de/10005017318
The article is divided into two parts. In the first, an examination of the competition rules in the TRIPS Agreement confirms the authority of Contracting States to develop their own antitrust policy regarding IP-related restrictive practices, provided this is done consistently with the TRIPS...
Persistent link: https://www.econbiz.de/10005743335