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- Flodgren, Boel, et al.
(författare)
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The Doctrine of Precontractual Liability
- 2015
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Ingår i: The Nordic Contracts Act. Essays in Celebration of its One Hundredth Anniversary. - 9788757433227 ; , s. 107-132
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Bokkapitel (refereegranskat)abstract
- Under the principle of freedom of contract, when two parties begin contract negotiations, they are under no obligation to actually arrive at an agreement and each one carries the risk for its own expenses and losses caused by the negotiations. However, even if the main rule says that each party bears the costs it might have incurred during the negotiations, if the parties do not reach an agreement, in rare cases it may, nevertheless, be sound, from both a commercial and legal point of view, to transfer the responsibility for these costs the other party. This follows from the doctrine of precontractual liability which is a special doctrine in contract law.
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- Gölstam, Carl Martin, 1969-
(författare)
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Licensavtalet och konkurrensrätten
- 2007
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The purpose of this thesis is to describe and analyse the significance of economic thinking and arguments in the treatment of licence agreements in EC competition law. A central question is to what degree the concept of competition in EC law reflects an economically realistic approach to competition. The study also investigates to what degree the economic functioning of intellectual property is considered in competition regulation and how much the economic functioning of the licence agreement is considered. The investigation mainly consists of a comparative analysis of EC competition law and American antitrust law concerning the economic arguments and their importance. The treatment of territorial restrictions, field of use restrictions, quantity clauses, tie-outs, tie-ins, grant back, no-challenge clauses and price restrictions are of special interest here. This study shows that an economically realistic view of competition has influenced current EC competition law, especially in the Technology Transfer Block Exemption Regulation (TTBER). Exceptions from this development in the EC law are mainly due to the goal of integration of the common market. Territorial restrictions are strictly regulated in the TTBER even when the parties’ market shares are below the market thresholds defined in the regulation.The function of intellectual property rights are not much considered in EC competition law but there are general remarks about the economic functioning of patents in the Guidelines for the TTBER. However, it is difficult to find evidence for economic reasoning about patents in the formation of concrete rules. On the contrary, patents are weakened by the widened concept of exhaustion presented in the Guidelines.The economic functioning of the licence agreement is considered in the rules of TTBER and the economic arguments for clauses which create incentives for making investments or give the possibility of control are acknowledged. However, the free riding argument has a weak position when applied to territorial restrictions, which are more formalistically regulated.The EC competition law has become more similar to American antitrust law. The decisive difference consists in the judicial treatment of territorial restrictions, where the goal of integration is still of central importance in EC law.
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- Håstad, Torgny, et al.
(författare)
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Andra särskilda avtal
- 2001. - 17
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Ingår i: Norstedts juridiska handbok. - Stockholm : Norstedts Juridik AB. - 9139006328 ; , s. 181-223
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Bokkapitel (populärvet., debatt m.m.)
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- Håstad, Torgny, 1943-, et al.
(författare)
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Civilrättens grunder
- 2016. - 1
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Bok (övrigt vetenskapligt/konstnärligt)
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