PATENT POOLS IN LIGHT OF EUROPEAN UNION COMPETITION LAW

<p class="Textofsummary">        The functioning of patent pools leads to specific benefits in the transfer of technologies, and it accelerates technological advancement and provides easy access to technologies. Therefore, one could expect that the European Union (EU) – an organizati...

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Main Author: Anna Odrobina
Format: Article
Language:English
Published: Uniwersytet Mikołaja Kopernika 2014-12-01
Series:Ekonomia i Prawo
Subjects:
Online Access:http://apcz.umk.pl/czasopisma//index.php/EiP/article/view/5056
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author Anna Odrobina
author_facet Anna Odrobina
author_sort Anna Odrobina
collection DOAJ
description <p class="Textofsummary">        The functioning of patent pools leads to specific benefits in the transfer of technologies, and it accelerates technological advancement and provides easy access to technologies. Therefore, one could expect that the European Union (EU) – an organization which attempts to gain competitive advantage of its economy on the basis of knowledge and technology – should support patent pools. However, due to the possibility of anti-competitive practices, the functioning of patent pools is subject to EU legislation and competition laws. In this context patent pools pose a challenge in the area of reconciling the process of supporting technological advancement with the protection of fair competition.</p><p class="Textofsummary">        The paper presents an analysis of EU regulations in the area of patent pools. The author assesses the pro- and anti-competitive effects of activities carried out by patent pools. The further part of the paper discusses an evolution of the EU’s approach to such organizations, presenting specific patent pool laws in the context of technology transfer agreements. Finally, the author presents some specific problems and future changes related to EU competition laws with respect to patent pools.</p>
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spelling doaj.art-e00bc34ebfbd46c982ff7214575f5c112022-12-22T00:33:52ZengUniwersytet Mikołaja KopernikaEkonomia i Prawo1898-22552392-16252014-12-0113452353210.12775/EiP.2014.0374667PATENT POOLS IN LIGHT OF EUROPEAN UNION COMPETITION LAWAnna Odrobina0Cracow University of Economics<p class="Textofsummary">        The functioning of patent pools leads to specific benefits in the transfer of technologies, and it accelerates technological advancement and provides easy access to technologies. Therefore, one could expect that the European Union (EU) – an organization which attempts to gain competitive advantage of its economy on the basis of knowledge and technology – should support patent pools. However, due to the possibility of anti-competitive practices, the functioning of patent pools is subject to EU legislation and competition laws. In this context patent pools pose a challenge in the area of reconciling the process of supporting technological advancement with the protection of fair competition.</p><p class="Textofsummary">        The paper presents an analysis of EU regulations in the area of patent pools. The author assesses the pro- and anti-competitive effects of activities carried out by patent pools. The further part of the paper discusses an evolution of the EU’s approach to such organizations, presenting specific patent pool laws in the context of technology transfer agreements. Finally, the author presents some specific problems and future changes related to EU competition laws with respect to patent pools.</p>http://apcz.umk.pl/czasopisma//index.php/EiP/article/view/5056legal patent poolsEU antitrusttechnology transfer agreements
spellingShingle Anna Odrobina
PATENT POOLS IN LIGHT OF EUROPEAN UNION COMPETITION LAW
Ekonomia i Prawo
legal patent pools
EU antitrust
technology transfer agreements
title PATENT POOLS IN LIGHT OF EUROPEAN UNION COMPETITION LAW
title_full PATENT POOLS IN LIGHT OF EUROPEAN UNION COMPETITION LAW
title_fullStr PATENT POOLS IN LIGHT OF EUROPEAN UNION COMPETITION LAW
title_full_unstemmed PATENT POOLS IN LIGHT OF EUROPEAN UNION COMPETITION LAW
title_short PATENT POOLS IN LIGHT OF EUROPEAN UNION COMPETITION LAW
title_sort patent pools in light of european union competition law
topic legal patent pools
EU antitrust
technology transfer agreements
url http://apcz.umk.pl/czasopisma//index.php/EiP/article/view/5056
work_keys_str_mv AT annaodrobina patentpoolsinlightofeuropeanunioncompetitionlaw