Commercial Agreements and Competition Law

Name: Commercial Agreements and Competition Law | Practice and Procedure in the UK and EC
Brand: Kluwer Law International
Price: 726.99 EUR
Availability: OnlineOnly

Practice and Procedure in the UK and EC

Nicholas Green Aidan Robertson(Autor*in)

Kluwer Law International (Verlag)

2. Auflage

Erschienen am 1. September 1997

1122 Seiten

E-Book

PDF mit Adobe-DRM

Systemvoraussetzungen

978-90-411-7953-1 (ISBN)

726,99 €inkl. 7% MwSt.

Systemvoraussetzungen

für PDF mit Adobe-DRM

E-Book Einzellizenz

Als Download verfügbar

Beschreibung

Weitere Details

Weitere Ausgaben

Inhalt

Cover
Half Title Page
Title Page
Copyright Page
Table of Contents
Tables of Cases
English Decisions
Cases on the Register of Restrictive Trade Practices
Cases on the Exempt Register of Restrictive Trade Practices
Informal OFT Investigations
OFT Investigations under the Competition Act 1980
Cases Considered by the DTI under ICTA 1988, s.568
Reports of the Monopolies and Mergers Commission
Decisions In Other National Courts
European Decisions-EC Commission, CFI and ECJ
Tables of Primary Legislation
UK Statutes
Treaty of Rome
Treaty of Paris
Berne Convention for the Protection of Literary and Artistic Works
Tables of Secondary Legislation
Statutory Instruments
EEC Directives and Decisions
EEC Regulations
Select Bibliography
Principal Statutory Provisions
Foreword
PART I Procedure
1 Agreements Registrable under the RTPA 1976
A. Introduction
B. Agreements Caught by the Legislation
1. Sections 6 and 11 RTPA 1976-Words and Phrases Defined
C. Section 6 RTPA 1976: Goods Agreements which Must be Registered
D. Section 11 RTPA 1976: Services Agreements which Must be Registered: S.I. 1976 No. 98, the "Services Order
E. Provisions to be Disregarded in Determining Registrability: sections 9 and 18 RTPA 1976
1. Section 9 RTPA 1976: Goods
2. Section 18 RTPA 1976: Services
F. The Registrability of Information Agreements
G. Trade Associations and Registrability
H. Informal, Parallel Behaviour: Complex Monopolies
I. Check List for Determining Registrability
2 Agreements not Registrable under the RTPA 1976
A. Introduction
B. Agreements Important to the National Economy: section 29 RTPA 1976
1. The Conditions for Exemption: section 29(2)
2. Types of Exemptible Agreement
3. Form and Extent of the Exemption
4. Section 29 Agreements and EC Law
5. Beneficial Agreements not Large Enough to Gain section 29 Exemption
6. Variation of Agreements approved under section 29 RTPA 1976: section 29(5A)-(5H) and (6A) and (6B)
C. Section 30 RTPA 1976: Agreements Holding Prices Down
D. Section 32 RTPA 1976: Wholesale Co-operative Societies
E. Section 33 RTPA 1976: Agricultural, Forestry and Fisheries Associations
1. Section 33: Details
2. Other Relevant Statutory Exemptions and Provisions in Agriculture
F. Section 34 RTPA 1976: Authorisations under the ECSC Treaty: Coal and Steel Agreements
G. Service Agreements Exempt from Control
1. Schedule 1, RTPA 1976: Professional Services Exempt from Registration
2. Paras. 2-10, Schedule to the Restrictive Trade Practices (Services) Order 1976 S.I. 1976 No. 98
H. Schedule 3, para. 1: Rationalisation Schemes and Agreements for Statutory Purposes
1. Rationalisation Schemes
2. Restrictive Agreements Expressly Authorised by an Enactment, Scheme or Order
I. Exclusive Dealing and Purchasing Agreements: Schedule 3, paras. 2 and 7 RTPA 1976
1. Interpretation
2. Clarification of Meaning of "Description" in Schedule 3, para. 2(b)
3. Mutual Exclusive Dealing: Whether Excluded or Not?
4. Examples of Exempt Restrictions
5. Overlapping Exemptions and Drafting Problems: Possible Solutions
J. Know-How Agreements Concerning Goods and Services: Schedule 3, paras. 3 and 8 RTPA 1976
K. Trade Mark Agreements: Schedule 3 (4) RTPA 1976
1. Certification Trade Marks
2. Collective Trade Marks
3. Trade Mark Licences
L. Patents, Copyright and Design Right: Schedule 3, paras. 5, 5A and 5B
1. Patents and Registered Designs: Schedule 3, para. 5(1)-(3)
2. Patent Pools and Registered Design Pools: Schedule 3, para. 5(4)-(8)
3. Copyright Agreements: Schedule 3, para. 5A RTPA 1976
4. Design Right Agreements: Schedule 3, para. 5B RTPA 1976
5. The Ravenseft Doctrine: Licensing Agreements may not be Restrictive
6. Position where Agreement Overlaps two Different Exemptions in Schedule 3
M. Agreements with Overseas Operation Only: Schedule 3, paras. 6 and 9
N. Crown Agreements
O. Restrictive Covenants in Leases and Other Property Agreements: The Ravenseft Doctrine
1. Basis of the Ravenseft Doctrine
2. Conditions for Determining Registrability
3. Agreement Likely to be Registrable
4. Competition Act 1980: Overlap
P. Agreements with Disregardable Restrictions
Q. Sale of Business Agreements: Non-Competition Clauses
R. Restrictive Trade Practices (Non-Notifiable Agreements) (Turnover Threshold) Order 1996: the £20 million aggregate turnover threshold
S. Restrictive Trade Practices (Non-Notifiable Agreements) (EC Block Exemptions) Order 1996
3 Anti-competitive Practices: Practice and Procedure under the Competition Act 1980
A. Introduction
B. "Anti-Competitive Practices": Summary of Regulatory Procedure
C. Anti-Competitive Practices: Definitions, Examples
1. "Business
2. "Course of conduct
3. "Restricting, distorting or preventing competition
4. "Person", and ''Of itself or when taken together with a course of conduct pursued by persons associated with him
5. "Anti-competitive practice
6. "Services
7. "Goods
D. Anti-Competitive Practices: Exclusions from the Act
1. Anti-Competitive Practices (Exclusion) Order 1980
2. Courses of Conduct Caught by RTPA 1976
3. Courses of Conduct Excluded by other Statutes
4. Exercise of OFT's CA 1980 powers by other regulators
5. Government Bodies (Crown Immunity) and Local Authorities (Tendering Practices)
E. Anti-Competitive Practices: The Investigation Procedure
1. Stage 1: Complaints to the OFT
2. Stage 2: Investigation
3. Conduct by OFT of Investigation
4. Stage 3: Negotiation of Undertakings and Assurances
5. Stage 4: The "Competition Reference
6. Stage 5: Monopolies and Mergers Commission: Investigation and Report
7. Stage 6: Post-MMC Undertakings and Orders
F. Investigation of Public Bodies
G. Investigation of Prices of "Major Public Concern
H. Confidentiality in OFT and MMC Reports
I. Assessment of Competition by OFT and MMC
J. Summary: Check List for Determining whether Competition Act 1980 Applies
4 Registration and Negotiation of Restrictive Trading Agreements
A. Introduction
B. Registration of Agreements: Procedure and Practice
1. The Duty to Register
2. Details of Registration Process
3. Variation and Termination of Agreement
4. Time Limits for Registration
5. Extensions of Time for Registration
6. Strategy in Respect of Failure to Register
7. Informal Consultations with the OFT
8. Registration of Dubious Agreements
9. Summary of Registration Rules
10. Registration of Orders of the RPC
C. The Register: Problems with Confidential Information
1. Contents of the Register
2. The Special Section
3. Protecting Confidential and Secret Information
D. Powers of the OFT to Obtain Information
1. OFT Notices
2. When a Notice may be Issued: "Reasonable Cause", OFT Practice
3. Examination on Oath before the Court
4. Failure to Furnish Correct Information: Penalties
E. The section 21 RTPA 1976 Procedure: Negotiations with the OFT
1. Legal Context
2. Relevant Statistics: Enforcement Trends
3. The Application of EC Rules: Partial Safety for Parties
F. Modification and Abandonment of Agreements: Options Available to Parties
1. Termination and Abandonment
2. Termination, Registration and Novation
3. Agreements Filleted of all Relevant Restrictions
4. Effluxion of Time: Expired Agreements
G. Negotiations under section 21 (2): Dispensation from Reference to the Court
1. The Relevance of Public Interest Arguments in Determining Significance
2. De Minimis: Small-Scale Agreements and Significance
3. Reasonableness, the Unfair Contract Terms Act 1977: the Unfair Terms in Consumer Contracts Regulations 1994 and Significance
4. Discrimination, Unfairness and Significance
5. Consumer Choice and Significance
6. Section 21 (2) Applies to the Significance of the Restriction and not the Agreement
7. Summary of "Significance" in Section 21 (2)
H. OFT Procedure for Evaluation of Agreements
1. Prima Facie Examination to Determine Registrability
2. Worst Restrictions First
3. Negotiations and Third Parties' Submissions
4. Negotiating Modifications to Agreements
5. Representation by the OFT to the Secretary of State
6. Directions Given by the Secretary of State
7. Post-Direction Monitoring by the OFT: section 21 (3)
8. Time
5 Court Proceedings in UK Law
A. Introduction
B. Proceedings Brought by the Director General: General Survey of Court Orders
1. Persons Subject to Court Orders
2. Nature of the Court Order: Injunctions and Undertakings
3. Nature of the Court Order: Prohibition of Agreements to the "like effect
4. Interim Orders
5. Variations to the Agreement and Court Orders
6. Variations of the Court's Decision
C. Defending Restrictive Agreements before the Restrictive Practices Court
1. Introduction
2. Sections 10(1)(a) and 19(1)(a): Protection of Public against Injury
3. Section 10(1)(b) and 19(1)(b): Restrictions Confer Public Benefits and Advantages
4. Sections 10(1)(c) and 19(1)(c): Defensive Measures and Self-Protection Cartels
5. Sections 10(1)(d) and 19 (1)(d): Countervailing Power Cartels or Agreements
6. Sections 10(1)(e) and 19(1)(e): Serious and Adverse Effect on Unemployment in all Area
7. Section 10(1)(f) and 19(1)(f): Exports and the Balance of Payments
8. Sections 10(1)(g) and 19(1)(g): Restriction Required to Support other Acceptable Restriction
9. Sections 10(1)(h) and 19(1)(h): De Minimis, Minimal Effect upon Competition
10. The Balancing Tailpiece
11. Variations to Agreements Approved by the Restrictive Practices Court: Minor Variations Orders
D. Restraining Orders under section 35(3) RTPA 1976: Proceeding Commenced by the Director General Against Unregistered Agreements
E. Proceedings for Contempt of Court Against Parties to Agreements who Breach Court Orders
1. Legal Context
2. Conduct that is Forbidden: Meaning of "Giving Effect to, or Enforcing or Purporting to Enforce
3. General Nature of Contempt Actions
4. Companies' Liability for Contempt: Liability for Acts of Directors, Managers and Employees
5. Factors for Presentation to the Court: Mitigation
6. Monitoring Systems: Avoiding Contempt
7. Contempt and Mergers, Take-Overs and Transference of Obligations
F. Actions Commenced by Parties or the Director General for a Declaration as to the Registrability of an Agreement
1. Rectification of Register
2. Declaration of Registrability
3. Extension of Time for Furnishing of Particulars Pending section 26 Proceedings
4. Notice of Application under section 26
G. Action by Parties to an Agreement for a Declaration that the Agreement is Registrable: Using the Consequences of Failure to Furnish Particulars
H. Private Actions for Damages: Failure to Register Agreements, Resale Price Maintenance, Breach of Competition Act Ministerial Orders
1. Legal Context
2. Negotiated Settlements
3. Quantifying Damages
4. Breach of an Order made Under the Competition Act 1980
I. Criminal Law Proceedings for Conspiracy to Defraud
J. Enforcement of section 36 Notices: section 37-Court's Power to Order Examination on Oath
K. Offences in Connection with Registration under section 36
L. Stays of Proceedings of the RPC: Inter-relationship of UK and EC Competition Law
1. Jurisdiction
2. Nature of the Discretion
3. Factors Affecting Discretion
4. Examples
M. Judicial Review of the Director General of Fair Trading, the MMC and the Secretary of State
1. Legal Context of Action for Judicial Review
2. Informal Investigations into Firm's Behaviour
3. Decisions to Investigate Anti-Competitive Practices by the Director General
4. The Conduct of Formal Investigations
5. Decisions of the Secretary of State
6. The Attitude of the Courts towards Judicial Review in Competition Cases
6 Agreements and Trade Association Practices Caught by European Competition Law
A. Introduction
B. Forms of Joint Conduct Caught by Article 85 EC
1. "Agreements between undertakings
2. "Decisions by Associations of Undertakings
3. Whether a Group of Companies is a Single Undertaking
4. Concerted Practices
5. Public Bodies, Quangos and Article 90
C. Proving an Effect on Trade Between the Member States
1. "May affect": Meaning
2. "Trade": Meaning
3. "Between Member States": Meaning
4. De Minimis: Insignificant Agreements
5. Agreements between non-EC Parties
6. Agreements Affecting the European Economic Area (EEA)
7. Agreements Affecting States which have Signed Europe Agreements
D. The "Object or Effect" of an Agreement
1. Approach of Commission
E. "Prevention, Restriction or Distortion of Competition
1. Prevent, Restrict, Distort
2. "Competition": Notion of "Workable Competition
3. Unworthy Competition
F. Article 85(2): Restrictions Automatically Void
1. Severance of Restrictions
2. "Old" and Accession Agreements: "Provisional Validity
3. "New" Agreements
4. The Consequences of Article 85(2) in National Courts: "Euro-defences
G. Agreements Exempted under Article 85(3)
H. Article 86 EC: Abuse of a Dominant Position
1. Definition
2. Article 86 EC: Difference between Dominance and Abuse
3. Meaning of "Dominance
4. The Importance of Defining the Geographical Market
5. The Importance of Defining the Product Market
6. The Concept of "Abuse
I. Overlap Between EC and UK Law
1. "May affect trade between Member States": Overlapping Jurisdiction
2. The Direct Effect of Article 85 and 86 EC: Eurochallenges
J. Notification to the European Commission
1. Form of Notification
2. Types of Notification
3. Why Notify: Main Practical Benifits
4. Agreements Exempt from Notification under Article 4(2) of Regulation 17/62/EEC
K. Form A/B: Method of Notification
1. Relevance of Form A/B
2. Contents of Form A/B
3. Provisional Immunity from Fines
L. Complaints by Third Parties: Form C
1. Form of Complaint
7 General Enforcement and Negotiations with the European Commission
A. Introduction
B. Survey of Commission Procedure
1. Initiation of Procedure by Commission
2. Procedure Following a Complaint
3. Investigation and Discovery
4. Requests for Information
5. On the Spot Inspections
6. Statement of Objections
7. The Parties' Written Reply: Access to Commission file
8. Oral Hearings
9. The Advisory Committee on Restrictive Trade Practices and Monopolies
10. Decisions of the Commission
11. Fines, Penalties
12. Appeals to the Court of First Instance
C. The Legal Basis of Formal Negotiations: Article 85(3)
1. Article 85(3):Text
2. First Positive Requirement
3. Second Positive Requirement
4. First Negative Requirement: Indispensability
5. Second Negative Requirement: Elimination of Competition
6. Positive Elements Outweigh Negative Elements
7. Conditional Exemption
8. Involvement of Third Parties
D. Enforcement in National Courts
1. Causes of Action
2. Remedies
E. Overlap between EC and National Proceedings
1. General Principles
2. Overlapping Remedies
3. Evidential Overlap
F. Negotiating Informal Settlements with the Commission
1. Relevant Statistics
2. Commencement of Negotiations: Procedure
3. Settlement Procedure: Good Faith Undertakings and Suspension of Proceedings
4. Settlement Procedure: Comfort Letters
5. The Legal Value of Comfort Letters
6. Can the Commission be Compelled to Settle? Article 175
7. Can Third Parties Challenge a Settlement?
8. Lobbying
9. Division of Labour in DC IV: The Competition Directorate
G. The Opposition Procedure
1. Legal Framework
2. Details of Opposition Procedure: How to Apply
3. When will Opposition be Raised?
4. Commission Response
5. The Opposition Procedure in Practice
PART II Commercial Agreements and Trade Association Practices
8 Pricing Practices and Restrictions
A. Introduction
B. Legal Framework
1. EC Law
2. UK
3. Mere Stipulations as to Price: The Overlap of sections 6 and 11 and sections 9 and 18 RTPA
C. Price Fixing Simpliciter
1. EC Law
2. Defences: EC Law
3. The Oligopoly Defence (Parallel Conduct or Conscious Parallelism): EC Law
4. UK Law
D. Discount Schemes
1. EC Law
2. UK Law
E. Price Discrimination
1. EC Law
2. UK Law
F. Predatory Pricing
1. Legal and Economic Context
2. Examples of Justifiable Below Cost Prices
3. Methods of Calculated Cost
4. EC Law
5. UK
G. Excessive Pricing
1. EC Law
2. UK Law
H. Resale Price Maintenance
1. EC Law
2. UK Law
I. Equalisation of Receipts Schemes (Profit Pooling)
1. EC Law
2. UK Law
J. Delivered Pricing (Base or Parity Point Pricing)
1. Economic Framework
2. EC Law
3. UK Law
K. Cost Calculation Models
1. Nature of Model
2. EC Law
3. UK Law
L. Renegotiation and Variation (Cost Escalation) Clauses
1. Nature of Problem
2. EC Law
3. UK Law
M. Collusive Tendering
1. Legal and Economic Framework
2. EC Law
3. UK Law
9 The Exchange and Dissemination of Information
A. Introduction
1. Introduction
2. Economic Background: Rules of Thumb
B. Legal Framework
1. EC Law
2. UK Law
C. Price Information Exchange Agreements
1. EC Law
2. UK Law
D. Detecting Anti-Competitive Price Exchanges: EC and UK
E. Contract Terms and Conditions: EC and UK
F. General Market Data
1. EC Law
2. UK Law
G. Refusal to Disclose Information
1. EC Law
2. UK Law
H. Negotiations Leading to an Agreement Between Competitors
1. EC law
2. UK law
I. Specimen Compliance Scheme
10 Distribution
A. Introduction
B. Exclusive Distribution Agreements in General
1. General Considerations
C. The Block Exemption for Exclusive Distribution in EC Law
1. Introduction: Interpretation
2. Article 1: Basic Provision
3. Article 2(1): Additional Permissible Restriction on Supplier
4. Article 2(2) and (3): Permissible Restrictions on the Dealer
5. Article 3: Non-Exempt Restrictions: Agreements between Competing Manufacturers
6. Article 3(c): Other Non-Exempt Restrictions: Where no Alternative Source of Supply Exists
7. Article 3(d): Other Non-Exempt Restrictions: Where Parties Attempt to Protect Exclusive Territory
8. Article 6: Withdrawal of Exemption from Automatically Exempt Agreements
9. Transitional Periods: Time Limits for Compliance
10. Excluded Agreements, Beer and Petrol Supply
D. The Analysis of Exclusive Distribution Agreements Falling Outside the Block exemption in EC Law
1. Market Structure: Inter-Brand Competition
2. Foreclosure
3. Parallel Imports: Export Bans
4. The "Free-rider" Problem: Protecting Promotional Investments
E. Exclusive Dealing in UK Law
1. Under the RTPA 1976
2. Under the Resale Prices Act 1976
3. Under the Competition Act 1980
F. Exclusive Purchasing Agreements in General
1. General Considerations
G. The Block Exemption for Exclusive Purchasing in EC Law
1. Introduction: Interpretation
2. Article 1: Basic Provision
3. Article 2(1): Permissible Restrictions on Supplier, Non-Competition Clauses
4. Article 2(2) and (3): Permissible Restrictions on the Dealer
5. Article 3(a) and (b): Non-Exempt Restrictions: Competing Manufacturers' Agreements
6. Article 3(c): Non-Exempt Restrictions: Clauses Tying Together Unconnected Goods
7. Article 3(d): Time Limits for Duration of Agreement
8. Article 14: Withdrawal of Exemption from Automatically Exempt Agreements
9. Article 15: Transitional Periods: Time Limits for Compliance
10. Article 16: No Overlap with the Exclusive Dealing Regulation
11. Article 17: Mixed Agreements not Exempt
12. Exclusive Purchasing and Beer Supply Agreements: Tied Houses, Articles 6-9
13. Exclusive Purchasing and Petroleum Supply Agreements: Tied Petrol Filling Stations
H. The Negotiation of Exclusive Purchasing Agreements Falling Outside the Block Exemption
1. Market Context
2. Foreclosure
3. Partial or Total Restraint
4. Duration of the Agreement
5. Whether Tie Expressed as Fixed Volume or as a Proportion of Dealer's Total Requirements
6. Whether Agreement Designed to Allow Market Entry or Expansion
7. The Inclusion of "English Clauses
8. Where Both Parties are in the Same Member State
I. Exclusive Purchasing in UK Law
1. Under the RTPA 1976
2. Under the Competition Act 1980
3. Exclusive Purchasing Agreements and Beer Supply: Tied Houses
4. Exclusive Purchasing and Petroleum Supply Agreements: Tied Petrol Filling Stations
J. Commercial Agents
1. EC Law
2. UK Law
K. Franchise Agreements
1. Introduction
2. EC Law
3. The Franchising Block Exemption: Regulation 4087/88/EEC
4. UK Law
L. Selective Distribution
1. Introduction
2. EC Law
3. UK Law
M. Dealers Refused Supplies: Complaints and Remedies
1. Legal and Economic Context
2. Typical Situations of Refusal to Supply
11 Terms and Conditions of Trade
A. Introduction
B. Legal Framework
1. EC Law: Collective Setting of Terms and Conditions
2. EC Law: Individual Setting of Terms and Conditions
3. UK Law: Collective Setting of Terms and Conditions
4. UK Law: Individual Setting of Terms and Conditions
C. Codes of Practice
1. EC Law
2. UK Law
D. Exclusion, Limitation of Liability and Other Financial Penalty Clauses
1. EC Law
2. UK Law
E. Credit and Other Terms of Payment
1. EC Law
2. UK Law
F. Terms Leading to Market Division (Market Sharing)
1. EC Law
2. UK Law
G. Sale of Assets Agreements: Non-Competition Clauses
1. EC Law
2. UK Law
H. Premises and Trading Methods
1. EC Law
2. UK Law
I. Staffing Restrictions
1. EC Law
2. UK Law
J. Advertising and Trade Fairs
1. EC Law
2. UK Law
K. Standards, Quality Control and Description
1. EC Law
2. UK Law
L. Customers, End-User Restrictions
1. EC Law
2. UK Law
M. Tying Clauses
1. Legal and Economic Framework
2. EC Law
3. UK Law
12 Joint Ventures and Co-operation Agreements
A. Introduction
B. Legal Framework
1. EC Law
2. UK Law
C. Joint Selling Ventures
1. EC Law
2. UK Law
D. Joint Purchasing
1. EC Law
2. UK Law
E. Joint Research and Development
1. EC Law
2. UK Law
F. Specialisation Agreements
1. EC Law
2. UK Law
G. Rationalisation Agreements, often Termed "Crisis Cartels
1. Legal and Economic Context
2. EC Law
3. UK Law: Self-Help Levy Schemes
4. UK Law: section 29 RTPA 1976
5. UK Law: Rationalisation Mergers
6. Section 21(2) RTPA 1976
H. Product Standardisation
1. EC Law
2. UK Law
I. Joint Carriage Ventures
1. EC Law
2. UK Law
13 Intellectual Property Licensing
A. Introduction
B. The Relationship between Free Movement of Goods and Services and Intellectual Property Rights under EC Law
C. Patent and Know-how Licensing in EC Law: General Considerations
1. Legal Context
2. The Preceding Block Exemptions
3. Exclusive Licences and the Application of Article 85(1): "Open" and "Closed" Licences
D. The Technology Transfer Block Exemption: Regulation 240/96
1. Introduction
2. The Basic Exemption: Article 1
3. Permissible Restrictions: Article 1 (White Clauses)
4. Permissible Clauses not Generally Falling within Article 85(1): Article 2 (White Clauses)
5. Non-permissible Restrictions: Article 3 (Block Clauses)
6. Extension of Exemption to Licences not Expressly Covered: The "Opposition Procedure" Article 4
7. Types of Licence not Exempt: Article 5
8. Withdrawal of Exemption: Article 7
9. Meaning of "Connected Undertakings": Articles 6(3) and 10(14)
10. Transitional Periods and Duration of Block Exemption: Articles 11 and 13
11. Confidentiality on the Part of the Commission: Article 9
12. Check List for Determining whether the Technology Transfer Block Exemption Applies
E. The Block Exemption for Patent Licensing: Regulation 2349/84
1. The Basic Exemption: Article 1
2. Permissible Restrictions: Article 1 (White Clauses)
3. Permissible Clauses not Generally Falling within Article 85(1): Article 2 (White Clauses)
4. Non-permissible Restrictions: Article 3 (Black Clauses)
5. Extension of Exemption to Licences not Expressly Covered: The "Opposition Procedure" Article 4
6. Types of Licence not Exempt: Article 5
7. Withdrawal of Exemption: Article 9
8. Meaning of "Connected Undertakings": Articles 11(3) and 12
9. Transitional Periods and Currency of Block Exemption: Articles, 6, 7, 8 and 14
10. Confidentiality on the Part of the Commission: Article 13
11. Check List for Determining whether the Patent Block Exemption Applies
F. The Block Exemption for Know-how Licensing: Regulation 556/89
1. The Basic Exemption: Article 1
2. Permissible Restrictions: Article 1 (White Clauses)
3. Permissible Clauses not Generally Falling within Article 85(1): Article 2 (White Clauses)
4. Non-Permissible Restrictions: Article 3 (Black Clauses)
5. Extension of Exemption to Licences not Expressly Covered: The "Opposition Procedure", Article 4
6. Types of Licence not Exempt: Article 5
7. Withdrawal of Exemption: Article 7
8. Transitional Periods and Currency of Block Exemption: Articles 8, 9, 10 and 12
9. Confidentiality of the Part of the Commission: Article 11
10. Check List for Determining whether the Know-how Block Exemption Applies
G. Patent Licensing in United Kingdom Law
1. Under the RTPA 1976
2. Under the Competition Act 1980
H. Copyright Licensing in EC Law
1. Legal Context
2. Exclusive Licences: Open and Closed Licences
3. Other Clauses in Copyright Licences
4. Protecting Exclusive Territories: Free Movement of Goods and Services
5. Compulsory Licensing
I. Copyright Licensing in United Kingdom Law
1. Under the RTPA 1976
2. Under the Competition Act 1980
3. Non-derogation from Grant: Spare Parts
J. Software Licensing in EC Law
1. Legal Context
2. Restricted Acts and Exceptions to Restricted Acts
K. Software Licensing in United Kingdom Law
L. Trade Mark Licensing in EC Law
1. Legal Context
2. Exclusive Licences: Open and Closed Licences
3. Other Clauses in Trade Mark Licences
4. Protecting Exclusive Territories: Free Movement of Goods
5. Trade Mark Assignments
6. Trade Mark Delimitation Agreements
M. Trade Mark Licensing in United Kingdom Law
1. Under the RTPA 1976
2. Under the Competition Act 1980
N. Licensing Intellectual Property to Sub-contractors
1. EC Law: The Sub-contracting Notice
2. UK Law
O. The Duty to License Intellectual Property Rights
1. EC law: Article 86 EC
2. EC Law: Article 85 EC
3. EC Law in UK Courts
4. Under UK law
14 Trade Association Membership
A. Introduction
1. EC Law
2. UK law
B. Membership Fees
1. EC Law
2. UK Law
C. Rules for Membership
1. EC Law
2. UK Law
D. Inter-Member Exclusive Dealing (Closed Systems)
1. EC Law
2. UK Law
E. Guilt by Membership
1. EC Law
2. UK Law
Index
Back Cover

Systemvoraussetzungen

Als PDF speichern Als Link merken