Resources
Civil law/procedures 69 results
  • Refusal to License - Status Under EU Antitrust Law

    Assessing the presence of elements constituting an unfair competition through refusal to license is theoretically straightforward. In this paper, a practical and judicial approach is taken: the fixed elements of refusal to license (causing market ...

    IP Document

    IP & competition law/policy,Civil law/procedures

    Activity Date: 10 Jun 2010

  • Enforcement of Competition Law in the EU - Procedure

    Cases in the EU involving competition and intellectual property may carry very diverse patterns. However, there are numerous similarities and therefore the author provides a checklist of the most frequent scenarios and concerns from and for a procedu...

    IP Document

    IP & competition law/policy,Civil law/procedures

    Activity Date: 10 Jun 2010

  • Identification of Abuse of Dominant Market Position Involving IPR

    Listing the most relevant discriminatory behaviors that may occur in a market is not enough. This paper goes further in scrutinizing some of those malpractices of anti-competition that are tightly linked to IP such as the abuse of a dominant position...

    IP Document

    IP & competition law/policy,Civil law/procedures

    Activity Date: 10 Jun 2010

  • Supporting notes - IP Law versus Anti-Monopoly Law

    The author delivers a brief and clear-cut comparison between the goals of IP, competition and industrial standards. Along with this explanatory introduction and arrangement of the subject, frequently quoted case law is enclosed. These reported cases ...

    IP Document

    IP & competition law/policy,Civil law/procedures

    Activity Date: 10 Jun 2010

  • IPR and Concentrations

    Merely strengthening a dominant position and abusing of concentration operations is separated by a thin line. To define where the line is crossed, the EU Merger Regulations are set out to intervene and enforce its provisions whenever concentrations r...

    IP Document

    IP & competition law/policy,Civil law/procedures

    Activity Date: 10 Jun 2010

  • Supporting notes - Compulsory Patent Licence in German Law with Focus on the Antitrust compulsory License Defense

    Along with relevant case law, the document encloses a set of answers for a practical approach to questions regarding issues within the abuse of licencing restrictions. Questions such as what is the most efficient approach to determining the appropria...

    IP Document

    IP & competition law/policy,Civil law/procedures

    Activity Date: 10 Jun 2010

  • Procedural Aspects of the Enforcement of Competition Law in Relation to IP Rights in Europe

    Supported by a great amount of EU case law, this paper takes a functional approach to the techniques of competence distribution and task management of agencies, authorities, courts and other entities at Community and domestic level in the EU, with r...

    IP Document

    IP & competition law/policy,Civil law/procedures

    Activity Date: 10 Jun 2010

  • Implementing an Effects-based Approach to Article 82 TCE (102 TFEU)

    The European Community Treaty reveals a strict approach to anticompetitive behaviors. In 2008 the Commission launched the (non binding and not exhaustive) Guidelines on Enforcing provision 82 TCE (aka 102 TFEU) on abusive dominant positions. The pape...

    IP Document

    IP & competition law/policy,Civil law/procedures

    Activity Date: 10 Jun 2010

  • Civil, Product Piracy, and Criminal Measures in Germany - how to defend and handle

    This presentation gives an overview of Civil, Product Piracy, and Criminal measures in Germany. In particular it deals with German practice on Preliminary Injunctions Orders, border seizures, police raids and necessity of freedom to operate searches....

    IP Document

    Trade Fairs,Civil law/procedures,Criminal law/procedures

    Activity Date: 12 Jul 2010

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