The following Competition practice note Produced in partnership with Suzanne Rab provides comprehensive and up to date legal information covering:
The challenges of balancing intellectual property rights (IPRs) and competition law are not new. At first sight, the aims of IPRs and competition law may appear to be in opposition. Broadly stated, IPR holders have rights to control access to and charge others for use of their monopoly rights. Competition law aims to promote open markets and curtail abuse of market power. The Commission has acknowledged the potential concerns arising from the interaction between IPRs and competition law and the perceived tension between them. It has also recognised that the two are, in fact, complementary, with each informing the other, so that a balancing exercise is required when determining whether any exercise of IPRs is compatible with competition law. Even though intellectual property laws and competition laws are viewed as complementary, controversial issues can arise where competition law is applied to business activities relating to IPRs (eg refusal to license).
While the basic principles of competition law enforcement of Articles 101 and 102 TFEU have been applied to cases involving IPRs for many years, the Commission has confronted the apparent tension between IPRs and competition in a number of novel interventions. The enforcement activity by the Commission in the pharmaceutical and mobile device industries in particular has raised new questions for the enforcement of competition law in IP-intensive cases. The issue of whether a dominant
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Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Part 8 of the Corporation Tax Act 2009 (CTA 2009) is a specific corporation tax regime that applies exclusively to the gains and losses of intangible fixed assets. Note, however, that certain intangible fixed assets are excluded from the regime, see Practice Note: Excluded intangible fixed
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