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136 pages

ABA Journal

1988-07-01

The 6-2 decision in Business Electronics Corp. v. Sharp Electronics Corp., No. 85 -1910, all but overruled the venerable but much- maligned decision in Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911), and highlighted ...

About this book
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.



234 pages

EU and US Competition Law: Divided in Unity?, The Rule on Restrictive Agreements and Vertical Intra-brand Restraints

Creator: Csongor István Nagy | Law - 2016-04-22

84 Monsanto Co. v SprayRite Service Corp., 465 U.S. 752, 763764 and 768 ( 1984). 85 Business Electronics Corp. v Sharp Electronics Corp., 485 U.S. 717 ( 1988). 86 Business Electronics Corp. v Sharp Electronics Corp., 485 U.S. 717, 731 ...

Publisher: Routledge

About this book
This book examines the structure of the rule on restrictive agreements in the context of vertical intra-brand price and territorial restraints, analysing, comparing and evaluating their treatment in US antitrust and EU competition law. It examines the concept of 'agreement' as the threshold question of the rule on restrictive agreements, the structure and focus of antitrust/competition law analysis, the treatment of vertical intra-brand price and territorial restrictions and their place in the test of antitrust/competition law. The treatment of vertical intra-brand restraints is one of the most controversial issues of contemporary competition law and policy, and there are substantial differences between the world's two leading regimes in this regard. In the US, resale price fixing merits an effects-analysis, while in the EU it is prohibited almost outright. Likewise, territorial protection is treated laxly in the US, while in the EU absolute territorial protection - due to the single market imperative - is strictly prohibited. Using a novel approach of legal analysis, this book will be of interest to academics and scholars of business and commercial law, international and comparative law.



1000 pages

Licensing of Intellectual Property

Creator: Jay Dratler | Law - 2015-07-28

Justice Stevens' dissent in the 1988 case Business Electronics Corp. v. Sharp Electronics Corp.29* In that case the Court affirmed the Fifth Circuit's reversal of a substantial treble damages verdict in favor of a terminated dealer because the ...

Publisher: Law Journal Press

About this book
Licensing of Intellectual Property is the definitive treatise in the field. It provides in-depth coverage of not only standard contract provisions, but also the intellectual property, antitrust, misuse, and common-law and unauthorized copying issues involved in licensing transactions that are not always directly reflected in contract language. These include: implied licenses; the difficult relationship between antitrust and intellectual property; antitrust and misuse limitations on licensing terms; the influence of trade secret protection and patent expiration and invalidation on licensing and royalty terms; licensees' standing to sue for infringement of licensed intellectual property; the use of declaratory judgments to challenge the validity, enforceability or infringement of licensed intellectual property; and the effect of the Supreme Court's eBay decision on licensing-related remedies. Appendices provide sample patent licensing and Web publishing agreements. Coverage includes step-by-step guidance and in-depth analysis of: patent license agreements for use with developmental biotechnology; state vs. federal jurisdiction; the standing of co-owners and licensees of intellectual property to sue infringers separately; the federal agencies' Licensing Guidelines; the impact of anti-cybersquatting laws and the Digital Millennium Copyright Act; how infringement warranties and indemnities help shape business transactions; licensing of commercially valuable technology that may not be patentable; the legal status of the essential facilities doctrine; and the validity of field-of-use restraints, exclusivity, territorial restraints, tying, package licensing, grantbacks and other contractual restraints in the United States, Europe and Japan. The analysis of EU law includes the block exemption for technology transfer agreements and related guidelines. Licensing of Intellectual Property also explores: when an involuntary license can be implied; whether, when and how a licensee may challenge the validity of intellectual property; what effect licensing and licensing negotiations may have on declaratory judgments of patent invalidity; when courts may decline to exercise their declaratory judgment jurisdiction; how inevitable confusion affects courts willingness to find equitable licenses in trade symbol cases; how most-favored-licensee clauses work in practice; and how the Robinson-Patman Act applies to royalties and licenses.


Electronics Directory

Sharp Electronics | SharpUSA
Manufacturer of a wide range of consumer and business products, from appliances, audio and video equipment, calculators and organizers, computers, printers and copiers.

Sharp Business
Sharp business products include multifunction printers (MFPs), office printers and copiers, as well as professional digital signage, video wall displays and ...

Sharp Solar Global Website
A vast array of solar solutions with over 50 years of experience. Sharp Solar. The sun is the answer.

Sharp Global
Sharp Corporation official global website. Introducing Sharp corporate information, product information, support information etc

Sharp SmartStorage, energy storage to reduce demand ...
Learn how to reduce expensive peak demand charges for commercial and industrial buildings with Sharp SmartStorage energy storage system, with a 10 year performance ...


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