Podcast Location:
Download it here [file size: 33 MB]
Categories:
Intellectual Property Law
Competition Law & Anti-Trust
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This three-part CPDcast series examines the intersection between IP and competition law and the complex legal and policy issues that can arise. It also provides a useful outline of the prohibitions set out in Article 101 and Article 102 of the Treaty on the functioning of the European Union to agreements on licenses. Part One discusses the relationship between IP and competition law and the application of these areas of the law to agreements and licences including block exemptions and hard-core restrictions. Part Two outlines the hard-core restrictions for the Vertical Restraints Block Exemption (VRBE) and the Technology Transfer Block Exemption (TTBE), the ‘excluded restrictions’, the commission guidelines that accompany each of these block exemptions and the drafting of licences and other agreements. Part Three explains the exceptional circumstances test in relation to refusals to license and outlines the rationale behind the ‘Fair, Reasonable and Non-Discriminatory’ (FRAND) regime which sets out terms that licences must adhere to in order to avoid competition concerns.

Outcomes:
After completing the course you will:
  • Understand what intellectual property is and the different types of rights within it;
  • Have considered the purpose of competition law;
  • Be aware of when IP and competition law intersect;
  • Know the precise ambit of Article 101 of the Treaty on the Functioning of the European Union;
  • Be aware of the different types of licences that may be granted in intellectual property;
  • Be aware of the ways in which common commercial agreements can fall outside the scope of the prohibition in Article 101 of the Treaty on the functioning of the European Union;
  • Understand how the Notice on Agreements of Minor Importance (NOAOMI) applies to commercial agreements;
  • Know the scope of the VRBE and TTBE block exemptions and how they apply to commercial agreements;
  • Appreciate the principal distinctions between the VRBE and TTBE block exemptions;
  • Understand the hard-core restrictions for the VRBE and TTBE block exemptions;
  • Be aware of what the ‘excluded restrictions’ are;
  • Understand what ‘no challenge’ clauses are;
  • Understand the exceptional circumstances test where the exercise of an exclusive right by the proprietor may involve abusive conduct;
  • Have considered what is meant by ‘Fair, Reasonable and Non-Discriminatory’ (FRAND);
  • Know what standard essential patents are.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:

In this three-part CPDcast series, Pat Treacy and Sophie Lawrance from Bristows discuss the way in which IP and competition law intersect.

Date Recorded: 29th October 2012

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