Anti-Trust Laws Of U.S., EU And Its IP Interface
- IJLLR Journal
- Jul 26, 2022
- 1 min read
Pankaj Kumar Srivastava, Assistant Professor, Institute of Law & Research, Faridabad
ABSTRACT
The intersection of intellectual property law and competition law in international jurisdictions, in particular the legal systems of the United States and the European Union, is the focus of a significant portion of the research presented in this article. While evaluating the licensing agreement, the US approach is based on systematic economic effects as it is obvious from the Antitrust Guidelines for the Licensing of property adopted in 1995. As for as approach of European Union is concern, the European Commission mainly focus on a structural approach in evaluating technology licensing agreements which is evident from the TTBE (Technology Transfer Block Exemption), Regulation adopted in 1996 by the European Commission.
Recent changes made by the Commission to the TTBE Regulations and the creation of a new document called the Technology Licensing Guidelines seem to indicate that the Commission has abandoned the structural approach in favour of an economic effects-based methodology.
Keywords: Antitrust Guidelines, Sherman Act, Clayton Act, TTBER regulations,
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