Competition Law and Intellectual Property (IP) Rights: Analysis, Cases and Materials

Chapter 13 in Ioannis Lianos & Valentine Korah with Paolo Siciliani, Competition Law (Hart Pub. 2017 Forthcoming)

197 Pages Posted: 8 Nov 2016 Last revised: 17 Dec 2016

See all articles by Ioannis Lianos

Ioannis Lianos

University College London - Faculty of Laws; BRICS Competition Law & Policy Centre - HSE National Research University

Date Written: October 30, 2016

Abstract

This chapter is part of a forthcoming book on EU and UK Competition Law. It provides critical analysis and materials on the following topics relating to the interaction between competition law and IP rights: the innovation process and the different models of interaction between competition law and IP rights, exhaustion of IP rights in Europe, the licensing of IP rights and the recent EU Transfer of Technology regulation and guidelines, technology sharing agreements and the constitution of "innovation commons", unilateral practices, such as refusal to license and provide interoperability, abuse of the IP system (fraud to the patent office, product hopping...), vexatious (sham) litigation, Standard Essential Patents and FRAND licensing obligations, exploitative IP related abuses (excessive royalties), "pay for delay"/reverse payment settlements agreements.

Keywords: competition law, IP rights, innovation, licensing, technology sharing, vexatious litigation, Standard Essential Patents, excessive pricing, reverse payments

JEL Classification: K21, L4, Q3

Suggested Citation

Lianos, Ioannis, Competition Law and Intellectual Property (IP) Rights: Analysis, Cases and Materials (October 30, 2016). Chapter 13 in Ioannis Lianos & Valentine Korah with Paolo Siciliani, Competition Law (Hart Pub. 2017 Forthcoming). Available at SSRN: https://ssrn.com/abstract=2863814 or http://dx.doi.org/10.2139/ssrn.2863814

Ioannis Lianos (Contact Author)

University College London - Faculty of Laws ( email )

London
United Kingdom

BRICS Competition Law & Policy Centre - HSE National Research University ( email )

28/11, Shabolovka ulitsa
Moscow, 109028
Russia

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