Intellectual Property and EU Competition Law by Jonathan D.C. Turner

Date01 May 2011
AuthorJohn Townsend
DOIhttp://doi.org/10.1111/j.1468-2230.2011.856-5.x
Published date01 May 2011
Each chapter progresses from an explanation of the law to critical readings.
Kershaw begins by explaining what the main policy concerns and legal issues
are,and proceeds to explainhow the law hasdeveloped.The authors chosentech-
nique continually encourages the reader to think about the law. This does not
detract from his ability to convey the basic rules in a clear and succinct fashion.
Rather, the explanationof the normative basis, coupled withcomparative exam-
ples, enables the reader fully to understand the law. In addition, the fact that the
reader is drawn into an engagi ng narrative ensures that both the broad question
and the ¢ne detail are enjoyed as revelations.They are therefore remembered.The
discussion does justice to the technicalities of the law without losing sight of the
fact that company law is indeed a fascinating discipline.The chapters also include
extracts from statutes, judgments, scholarly work, and popular media, which
make this book an excellent resource.
Company L aw in Context is not the only good company lawbook onthe market,
but it is certainlythe most readablethat this reviewer is aware of. In thereviewer’s
experience, the book is thoroughly enjoyed by both undergraduate and post-
graduate students. What is more, students who read this book emerge from
their course equipped with an excellent understanding of company law, as well
as an ability to critique the law in an intelligent and knowledgeable manner.
Kershaw’s contribution will be a welcome addition to both undergraduate and
postgraduate courses, as well as an excellent point of reference for the seasoned
researcher.
Justin Borg-Barthet
n
Jonathan D.C.Turner, Intellectual Property and EU Competition Law,Oxford:
Oxford University Press,2010, 384 pp, hb d155.0 0.
This book is an authoritative studyof how EUcompetition law relates to intel-
lectual property. It is a substantial achievement and veryobviously the last word
on the subject for the time being.JonathanTurner is an experiencedbarrister with
a practice in this area, and the text contains practical insights which add value to
the text.The content of the book is drawn fromVaughan and Robertson’s ency-
clopedic looseleaf work on EU law. It is to the credit of the publishers that these
sections contributed by JonathanTurner have now been made available in a more
convenient separatework.
The book is split into fourchapters.The ¢rst is an introduction to the principles
of EU competition law applicable to intellectual property, in particular Articles 101
and 102 of the Treaty on the Functioning of the European Union and the
merger control regulation. Article101prohibits agreements between undertakings
with the object or e¡ect of preventing, restricting or distorting competition in the
common market. In the context of intellectual property, care must be taken, for
example,toensurethatassignmentsofrightsorlicensesoftrademarksto
n
School of Law,University of Dundee
Reviews
493
r2011The Authors.The Modern LawReview r2011The Modern Law Review Limited.
(2011)74(3) 479^501

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