Preface |
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v | |
Selected Bibliography |
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xiii | |
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xix | |
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Table of Statutory Instruments |
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xxxi | |
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Table of European Legislation and International Materials |
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xxxvii | |
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xlix | |
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PART A COMMERCIAL PRACTICE |
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1 | (50) |
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2 | (1) |
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What is `technology transfer'? |
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3 | (2) |
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Organisations involved in technology transfer, including research and development |
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5 | (2) |
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Different priorities in technology transfer |
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7 | (7) |
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14 | (19) |
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University research and charitable status |
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33 | (7) |
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40 | (1) |
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The role of lawyers in technology transfer agreements and activities |
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41 | (8) |
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49 | (2) |
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Chapter 2 Drafting Technology Transfer Agreements |
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51 | (104) |
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54 | (6) |
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Boilerplate and commercial clauses |
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60 | (12) |
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72 | (75) |
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147 | (8) |
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PART B RELEVANT AREAS OF LAW, AND THEIR PRACTICAL APPLICATION TO TECHNOLOGY TRANSFER AGREEMENTS |
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Chapter 3 Overview of Intellectual Property |
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155 | (36) |
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156 | (10) |
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National and international intellectual property laws: current laws and proposals |
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166 | (13) |
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Commercial transactions and intellectual property law |
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179 | (12) |
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191 | (94) |
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Historical background and overview of legislation |
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194 | (1) |
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Some recent developments in patent law |
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195 | (4) |
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Provisions of UK patent law which are directly relevant to commercial transactions |
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199 | (30) |
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Other fundamental provisions of UK patent law which may affect parties to a patent transaction |
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229 | (37) |
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Supplementary Protection Certificates |
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266 | (8) |
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Patents for biotechnological inventions |
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274 | (4) |
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278 | (7) |
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285 | (72) |
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287 | (2) |
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Some recent developments in copyright law |
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289 | (5) |
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Commercial transactions involving copyright works |
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294 | (4) |
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Other fundamental aspects of UK copyright law which may affect the parties to commercial transactions, including `moral rights' provisions |
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298 | (59) |
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Chapter 6 Protection of Databases |
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357 | (16) |
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357 | (2) |
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359 | (2) |
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The contents of a database |
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361 | (1) |
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362 | (11) |
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373 | (60) |
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376 | (3) |
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379 | (19) |
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398 | (21) |
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419 | (10) |
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Comparison of features of the various forms of design protection |
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429 | (4) |
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Chapter 8 The Law of Confidence |
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433 | (68) |
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435 | (2) |
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Some recent developments in the law of confidence |
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437 | (1) |
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Protection of technical information |
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438 | (2) |
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The law of confidence and its application to technical information |
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440 | (2) |
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Organisation of this chapter |
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442 | (32) |
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The Trade Secrets Directive |
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474 | (10) |
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Strengths and weaknesses of the law of confidence |
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484 | (2) |
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486 | (15) |
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Chapter 9 Personal Property |
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501 | (44) |
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502 | (2) |
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Implied covenants under the Law of Property Act 1925 (`the LPA') and the Law of Property (Miscellaneous Provisions) Act 1994 |
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504 | (6) |
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Other provisions of the Law of Property Act 1925 which could apply to intellectual property transactions |
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510 | (9) |
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Multiple ownership of property |
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519 | (5) |
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524 | (12) |
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Impact of EU laws on UK property law |
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536 | (1) |
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Ownership of human tissue and biotechnological products originating from human tissue |
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537 | (8) |
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545 | (98) |
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548 | (3) |
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Interpretation and construction of licences and other agreements |
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551 | (57) |
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608 | (2) |
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Selected contract law statutes affecting intellectual property transactions |
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610 | (33) |
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PART C COMPETITION LAW AND REGULATORY CONTROLS ON TECHNOLOGY TRANSFER |
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Chapter 11 Regulatory Requirements |
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643 | (124) |
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646 | (1) |
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Information protection and release and computer technology |
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647 | (109) |
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Import and export regulations |
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756 | (11) |
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Chapter 12 Introduction to EU Competition Laws Affecting Technology-Related Agreements |
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767 | (84) |
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770 | (1) |
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Sources of EU competition law: Articles 101, 102 and 34-36 of the EU Treaty; European Economic Area Agreement |
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771 | (4) |
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Scope and purpose of this chapter |
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775 | (3) |
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Article 101 and commercial agreements |
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778 | (17) |
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Overview of how to determine whether Article 101(1) applies, and whether a block exemption applies, to a technology-related agreement |
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795 | (22) |
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817 | (5) |
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Agreements that provide for both R&D work and the licensing of technology or know-how |
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822 | (6) |
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Detailed consideration of Notices, Guidelines and block exemption Regulations |
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828 | (3) |
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Notice on agreements of minor importance |
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831 | (7) |
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Commission Notice on subcontracting agreements |
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838 | (7) |
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Implementation Regulation |
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845 | (6) |
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Chapter 13 The Technology Transfer Agreements Regulation and Accompanying Guidelines |
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851 | (50) |
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852 | (1) |
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Summary of main differences between 2014 TTR and its (2004) predecessor |
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853 | (2) |
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General approach of the Commission to technology transfer agreements |
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855 | (2) |
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The changing view of the Commission as to which types of intellectual property have the benefit of the block exemption |
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857 | (1) |
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858 | (8) |
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Types of intellectual property to which the 2014 TTR applies |
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866 | (3) |
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Types of agreement to which the 2014 TTR does not apply |
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869 | (2) |
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Types of party who benefit from the 2014 TTR |
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871 | (1) |
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872 | (1) |
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872 | (3) |
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875 | (1) |
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Hardcore restrictions and competing undertakings |
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876 | (4) |
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Hardcore restrictions and non-competing undertakings |
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880 | (3) |
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883 | (3) |
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Withdrawal of benefit of the 2014 TTR in an individual case |
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886 | (1) |
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Non-application of the 2014 TTR for parallel networks |
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886 | (1) |
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Relationship between the 2014 TTR and other block exemptions |
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887 | (3) |
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Agreements that do not come within the scope of the 2014 TTR |
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890 | (11) |
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Chapter 14 Guidelines on Horizontal Agreements and Regulations on R&D and Specialisation Agreements |
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901 | (50) |
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902 | (1) |
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Guidelines on horizontal agreements |
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903 | (16) |
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R&D agreements block exemption Regulation |
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919 | (22) |
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Provisions which prevent application of the block exemption |
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941 | (5) |
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Specialisation agreements Regulation |
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946 | (5) |
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Chapter 15 UK Competition Law |
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951 | (22) |
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951 | (4) |
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UK statutory (and other legislative) provisions concerning competition |
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955 | (14) |
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957 | (1) |
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When will an agreement breach Chapter I of the Competition Act? |
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957 | (8) |
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Consistency and harmonisation between UK and EU competition law |
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965 | (2) |
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Consistency and harmonisation between UK and EU competition law - post the UK leaving the EU |
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967 | (2) |
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Common law rules on restraint of trade |
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969 | (4) |
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PART D THE VALUATION AND TAXATION OF INTELLECTUAL PROPERTY |
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Chapter 16 Valuation of Technology and Products |
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973 | (24) |
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Introduction to this chapter for this edition |
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973 | (1) |
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974 | (2) |
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Methods of calculating value |
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976 | (10) |
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986 | (6) |
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Factors that may affect valuation |
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992 | (5) |
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Chapter 17 A Non-Specialist's Overview of Tax Issues |
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997 | (10) |
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997 | (1) |
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998 | (1) |
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999 | (1) |
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Overview of the main tax issues in IP transactions |
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999 | (5) |
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1004 | (3) |
Index |
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1007 | |