Intellectual Property and Competition Law


Author: Moritz Lorenz
Publisher: N.A
ISBN: 9789041166692
Category: Law
Page: 369
View: 8503

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Intellectual Property and Competition Law is the first publication to focus in depth on the intersection of intellectual property (IP) law and competition law in a European context. Inevitably, every marketed product or service can always be located at the intersection of IP law and competition law - a nexus rife with potential problems throughout the 'life' of IP rights. This important book, masterfully elucidates the effects of the provisions of European competition law on IP rights, and the consequences for IP rights owners from the rights' inception to its transfer, sale, or demise. What's in this book: The author describes and analyses the following topics, and more, in detail: characteristics, purpose and theoretical justifications of IP rights; obtaining, maintaining, and exploiting an IP right; effects of the provisions of European competition law regarding cartels, block exemptions, abuse of dominant position, free movement of goods, and merger control; competition between originator companies and generic companies; licensing, especially the problem of refusal to grant a license; enforcement of an IP right; and waiver of an IP right. The book analyses all major cases affecting aspects of the intersection of IP law and competition law, supported by an examination of the historical background and political influence concerning these two areas of European law. There are also special chapters on the prominent and influential national, legal systems of Germany, the United States, China, The Netherlands and the United Kingdom. An annex provides texts of the major antitrust regulations dealing with European IP rights. How this will help you: As a 'biography' of IP rights focusing on areas of entanglement with European competition law, this book is without peer. The book's clear-sighted view of the status quo and emerging trends in the two fields of IP rights and European competition law provides valuable insights to practitioners, policymakers, and academics dealing with issues at the intersection of intellectual property law and competition law in Europe, and elsewhere. Features: First in-depth treatment of the nexus of intellectual property rights and EU competition law. Thorough analysis of status quo and emerging trends at the intersection of intellectual property rights and European competition law. Elucidates the effects of provisions of EU competition law on intellectual property rights. Cites major cases affecting aspects of the intersection of intellectual property rights and EU. Chapters on the interface of Intellectual Property and Competition Law in Germany, the UK, the Netherlands, the US and China. Benefits: The reader obtains an overview of the topic from a single source. The reader develops an understanding of the status quo and emerging trends at the intersection of intellectual property rights and EU competition law. Potential problems for IP right owners arising from provisions of EU competition law can be evaluated. Awareness of current state of enforcement of EU competition law in the area of Intellectual Property. Potential problems for IP right owners in further major jurisdictions can be assessed.

Research Handbook on Intellectual Property and Competition Law


Author: Josef Drexl
Publisher: Edward Elgar Publishing
ISBN: 1848443854
Category: Law
Page: 512
View: 4917

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The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies. Ioannis Lianos, World Competition Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law. Madhu Sahni, Journal of Intellectual Property Rights This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all. IPKAT Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or. Marianne Levin, Stockholm University, Sweden This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the more economic approach and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.

Intellectual Property and Competition Law

The Innovation Nexus
Author: Gustavo Ghidini
Publisher: Edward Elgar Publishing
ISBN: 1845429931
Category: Competition, Unfair
Page: 176
View: 448

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The book ends with a comprehensive selection of the relevant bibliography. This part is all the more valuable to the reader as Ghidini does not simply list the relevant literature but puts it in it general context and comments on it. Ghidini s book is a fascinating trip through the system of IP laws. Beatriz Conde Gallego, Intellectual Property and Competition Law Intellectual Property and Competition Law by Gustavo Ghidini provides a persuasively presented descriptive analysis of a distinctively European perspective on intellectual property law and its relationship to competition law. Professor Ghidini expertly presents the evolution of intellectual property laws and its contemporary manifestations with respect to the expansion copyright law in technological fields and the inevitability conflict with patent law, the attempt at creating monopolies (such as in biotechnology), and so much more. A seminal work of impressive and articulate scholarship, Intellectual Property and Competition Law should be considered mandatory reading for students and researchers in the field of intellectual property rights and a very strongly recommended addition to academic library International Economics and Judicial Studies reference collections. The Economics Shelf, Midwest Book Review . . . the provocative nature of this book is one of its great strengths, as are its cohesiveness and erudition. Mel Marquis, European Competition Law Review We in the United States have much to learn not only from Gustavo Ghidini s careful analysis of modern trends in the European IP regime but also from his thoughtful development of the thesis that free competition should be understood as the overarching principle guiding both IP protection and what we call antitrust law. Rudolph J.R. Peritz, New York Law School, author of Competition Policy in America and American Antitrust Institute, US This rich and challenging book offers a critical appraisal of the relationship between intellectual property law and competition law, from a particularly European perspective. Gustavo Ghidini highlights the deficiencies in studying each of these areas of law independently and argues for a more holistic approach, insisting that it is more useful, and indeed essential, to consider them as interdependent. He does this first by examining how competition and intellectual property (IP) converge, diverge, and inform one another. Secondly, he assesses how IP law can be interpreted through the guiding principles of competition law antitrust and unfair competition and within the overarching principle of free competition. The book traces the evolution of modern IP law, which it claims is marked heavily both by over-protectionist trends such as the extension of copyright law to technological fields, where it trespasses on the territory of patent law and by attempts to monopolize the achievements of basic research, such as in the example of biotechnology. Through an examination of such emerging issues as access to standards of information and patenting of genetic materials, the author makes a clear case for a reading of IP law that promotes dynamic processes of innovation by competition , and competition by innovation , with related benefits to consumer welfare such as wider choices, greater access to culture and information, and lower prices. Advanced students and researchers in all areas of intellectual property will find this book a stimulating alternative to traditional interpretations of the subject.

Intellectual Property and Competition Law

New Frontiers
Author: Steven Anderman,Ariel Ezrachi
Publisher: OUP Oxford
ISBN: 9780199589951
Category: Law
Page: 544
View: 6881

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Examining the relationship between intellectual property and competition law with a particular focus on European law, this book highlights areas emerging new frontiers.

The Interface Between Intellectual Property Rights and Competition Policy


Author: Steven D. Anderman
Publisher: Cambridge University Press
ISBN: 1139462695
Category: Law
Page: N.A
View: 3197

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The purpose of this book is to examine the experience of a number of countries in grappling with the problems of reconciling the two fields of competition policy and intellectual property rights. The first part of the book indicates the variation in legislative models as well as the wide variety of judicial and administrative doctrines that have been used. The jurisdictions selected for study are the three major trading blocks with the longest experience of case law (the EU, the USA and Japan) and three less populous countries with open economies (Australia, Ireland and Singapore). In the second part of the book we look at a number of issues closely related to the interface between competition law and intellectual property rights. Separate chapters analyse the issue of parallel trading and exhaustion of IPRs, the issue of technology transfer, and the economics of the interface between intellectual property and competition law.

Intellectual Property and EU Competition Law


Author: Jonathan D. C. Turner
Publisher: Oxford University Press, USA
ISBN: N.A
Category: Law
Page: 311
View: 8041

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The interface between intellectual property rights and competition policy is one of the most important and difficult areas of EU economic law. Exclusive rights conferred by intellectual property laws have to be reconciled with competition lawagainst the background of a complicated relationship between EU law, national laws and international treaties relating to intellectual property. There have been major developments recently in this area, including cases such asMicrosoft, DSD and GlaxoSmithKline, the Commission's guidance on exclusionary abuses of dominant position, the Technology Transfer Block Exemption, and the Commission's Guidelines on Technology Transfer. This practical book contains a detailed explanation of the application of EU competition law toall types of intellectual property, including recent developments, and the resulting regulatory framework for the exploitation and licensing of intellectual property rights.

Innovation, Competition and Consumer Welfare in Intellectual Property Law


Author: Gustavo Ghidini
Publisher: Edward Elgar Publishing
ISBN: 1849805253
Category: Law
Page: 304
View: 708

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Professor Ghidini has long since made himself a worldwide reputation as a leading scholar. He is a profound critic of intellectual property protection that follows rigid property logic, and favours the functionalist competition/innovation logic. Innovation, Competition and Consumer Welfare in Intellectual Property Law is truly enriching reading. Hanns Ullrich, College of Europe, Bruges, Belgium We in the United States have much to learn not only from Gustavo Ghidini s careful analysis of modern trends in the European IP regime but also from his thoughtful development of the thesis that free competition should be understood as the overarching principle guiding both IP protection and what we call antitrust law. Rudolph J.R. Peritz, New York Law School, US and author of Competition Policy in America This authoritative book provides a comprehensive critical overview of the basic IP paradigms, such as patents, trademarks and copyrights. Their intersection with competition law and their impacts on the exercise of social welfare are analysed from an evolutionary perspective. The analyses and proposals presented encompass the features and rationales of a legal field in constant evolution, and relate them to increasingly rapid technological, economic, social and geo-political developments. Gustavo Ghidini highlights the emerging trends that challenge the traditional all-exclusionary vision of IP law and its application. The author expertly combines holistic, evolutionary and constitutionally oriented approaches, with the search for a rebalancing of the IP rights holders positions with citizens and users rights. This book will appeal to academics, scholars and lawyers specializing in the realm of intellectual property, competition and comparative law.

Intellectual Property Rights and Competition in Standard Setting

Objectives and tensions
Author: Valerio Torti
Publisher: Routledge
ISBN: 1317376641
Category: Law
Page: 276
View: 2032

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Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.

Competition Law and Patents

A Follow-on Innovation Perspective in the Biopharmaceutical Industry
Author: Irina Haracoglou
Publisher: Edward Elgar Publishing
ISBN: 1848440111
Category: Law
Page: 272
View: 3426

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This is an incredibly interesting book on an increasingly pertinent topic. . . the book is succinctly written and provides a comprehensive overview of EU law. . . providing a really useful analysis of the European cases concerned with the imposition of a duty to deal in relation to intellectual property. . . This book is a thoroughly enjoyable read, and perhaps because of its brevity the author retains her focus on the central issues being examined. I found it to be engaging and thought provoking. Jane Nielsen, Competition and Consumer Law Journal The book caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself. Journal of Intellectual Property Rights Using the example of research tools in biopharmaceutical research and innovation, this book examines the complexities of the relationship between two fundamental areas of law and policy intellectual property rights and competition law. It addresses a question that is certain to become paramount in other industries also: how to strike the balance between initial and follow-on innovation so as to ensure that access to essential research tools (or other fundamental elements to follow-on innovation) is not impeded. The book concludes by suggesting how competition law could be used to complement the patent balance. Competition Law and Patents caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself.

Intellectual Property and the Limits of Antitrust

A Comparative Study of US and EU Approaches
Author: Katarzyna Czapracka
Publisher: Edward Elgar Publishing
ISBN: 1849803269
Category: Law
Page: 168
View: 6851

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An excellent account of practice on both sides of the Atlantic regarding the intersection of antitrust and intellectual property rights. The author provides a detailed account of the legal discussion in an economics-informed manner. A must read, as far as I am concerned, for practitioners and academicians alike. Petros C. Mavroidis, Columbia Law School, New York, US, University of Neuch'tel, Switzerland and CEPR, UK This book examines the growing divergences between the EU and the US in their approach to antitrust law enforcement, particularly where it relates to intellectual property (IP) rights. The scope of US antitrust law as defined in the Supreme Court s decisions in Trinko and Credit Suisse Securities is much narrower than the scope of EU competition law. US antitrust enforcers have become increasingly reluctant to apply antitrust rules to regulated markets, whereas the European Commission has consistently used EU competition rules to correct the externalities resulting from government action. The contrasting approaches adopted by US and EU antitrust enforcers to these issues, as with the differences in addressing market dominance, have had a profound impact on the scope of antitrust intervention in the IP field. This book provides an in-depth analysis of the relevant recent developments on both sides of the Atlantic and identifies the pitfalls of regulating IP through competition rules. With a unique comparative perspective, this book will be an invaluable resource for postgraduate students, academics and practitioners in IP and competition law.

Intellectual Property and Competition


Author: Michael A. Carrier
Publisher: Edward Elgar Pub
ISBN: 9781848442184
Category: Law
Page: 753
View: 6052

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'Professor Carrier has done an excellent job of assembling the most significant scholarship on the intersection of intellectual property and competition laws. the major schools of thought are fairly represented. This volume is comprehensive and includes both the essential foundational work in this field as well as recent influential commentaries on the latest controversies, including patent pools, refusals to license, and reverse settlements in pharmaceutical patent litigation.' - Christopher R. Leslie, University of California - Irvine, US

Intellectual Property and Antitrust

A Comparative Economic Analysis of US and EU Law
Author: Mariateresa Maggiolino
Publisher: Edward Elgar Publishing
ISBN: 1849809631
Category: Law
Page: 288
View: 5721

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This book brings to bear Professor Maggiolino?s considerable skills as a comparative competition law scholar on what is perhaps the single most important competition policy issue facing us today - namely, how to use IP policy and competition policy in tandem to further both economic competition and competition in innovation. Professor Maggiolino?s book covers a large range of IP practices by dominant firms where competition law can be invoked, including "sham" litigation and product design, improper infringement actions, predation, and refusals to license. This book is well researched, well written, and completely up to date. Every serious competition law/antitrust and intellectual property scholar and practitioner should regard it as "must" reading.

Competition on the Internet


Author: Gintarė Surblytė
Publisher: Springer
ISBN: 3642550967
Category: Law
Page: 108
View: 1372

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Undeniably widespread and powerful as it is, the Internet is not almighty: it can reach as high as the skies (cloud computing), but it cannot escape competition. Yet, safeguarding competition in “the network of networks” is not without challenges: not only are competitive processes in platform-based industries complex, so is competition law analysis. The latter is often challenged by the difficulties in predicting the outcome of competition, in particular in terms of innovation. Do the specific competition law issues in a digital environment presuppose a reconsideration of competition law concepts and their application? Can current competition law tools be adjusted to the rush pace of dynamic industries? To what extent could competition law be supplemented by regulation – is the latter a foe or rather an ally? This book provides an analysis of recent developments in the most relevant competition law cases in a digital environment on both sides of the Atlantic (the EU and the US) and assesses platform competition issues from a legal as well as an economic point of view.

Intellectual Property Rights in EU Law: Free movement and competition law


Author: David T. Keeling
Publisher: Courier Corporation
ISBN: 9780198259183
Category: Philosophy
Page: 410
View: 8853

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This volume describes the relationship between intellectual property rights and the law of the European Union. It examines the conflict between intellectual property rights and the free movement of goods and services under European law and analyses the various solutions to that conflict that have been adopted by the European Court of Justice. Finally, the volume examines the influence of EC competition law on the exercise of intellectual property rights. Readership: Academics, practitioners, judges, patent and trade mark agents and attorneys. Those with a professional interest in intellectual property law.

Chinese Intellectual Property and Technology Laws


Author: Rohan Kariyawasam
Publisher: Edward Elgar Publishing
ISBN: 0857935224
Category: Law
Page: 462
View: 4627

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The rapid evolution of China from an emerging to a mature intellectual property jurisdiction has far-reaching implications for the law, policy and practice of IP, and their links with competition and technology law. Produced in the year China rose to fourth rank globally as user of the international patent system, this volume is an invaluable guide for the policymaker, the analyst and the practitioner alike, setting a thorough exposition of the substantive law and its application within a broader policy context, and offering a comprehensive, timely overview of an IP system just at the time it begins to assume central significance on the world stage. Antony Taubman, Director, IP Division, WTO This edited volume offers an excellent comprehensive overview of China s intellectual property and technology laws. The eminent contributors to this volume have played important roles in shaping China s IP system and in tackling the many challenges confronting it. By making their views of the system readily accessible to an English audience, this volume will undoubtedly add to our understanding of the legal protections and challenges facing innovation industries in China. Mark Wu, Harvard Law School, US The pioneering studies in this book examine the fundamental role of intellectual property and technology laws as China is moving from made in China to created in China . This book also helps us to understand about the interplay between China s intellectual property protection system and the potential for transition of China s economy, and provides numerous means to deal with the legislative difficulties in China s innovation-oriented strategy. Wu Handong, Zhongnan University of Economics and Law, China Written by some of China s leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of China s Supreme People s Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English. The book initially focuses on recent amendments to the laws of copyright, trademarks, patents, before moving on to discuss unfair competition and trade secrets, and the protection of intellectual property over electronic networks. Other chapters cover the regulation of digital networks and telecommunications; IT and E-commerce; the new antimonopoly law and competition; and China s position on the TRIPS agreement. Of special note is a chapter written by in-house Counsel and the Chairman of the Quality Brands Protection Committee (a coalition of well known multinational brands) reviewing both brand protection and practical enforcement of intellectual property in China. This book will appeal to scholars and postgraduate students in commercial law (especially in IP, trade, competition, and technology), Chinese studies and business, as well as regulators, international agencies and law firms. Management consultancy and accounting firms, banks and investment firms will also find this book invaluable.

Intellectual Property in Asia

Law, Economics, History and Politics
Author: Paul Goldstein,Joseph Straus
Publisher: Springer Science & Business Media
ISBN: 354089702X
Category: Law
Page: 357
View: 9732

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Introduction Intellectual property rights foster innovation. But if, as it surely does, “intellectual property” means not just intellectual property rules—the law of patents, copyrights, trademarks, designs, trade secrets, and unfair competition—but also intellectual property institutions—the courts, police, regulatory agencies, and collecting soc- ties that administer these rules—what are the respective roles of intellectual property rules and institutions in fostering creativity? And, to what extent do forces outside intellectual property rules and institutions—economics, culture, politics, history—also contribute to innovation? Is it possible that these other factors so overwhelm the impact of intellectual property regimes that it is futile to expect adjustments in intellectual property rules and institutions to alter patterns of inno- tion and, ultimately, economic development? It was to address these questions in the most dynamic region of the world today, Asia, that we invited leading country experts to contribute studies that not only summarize the current condition of intellectual property regimes in countries ranging in economic size from Cambodia to Japan, and in population from Laos to China, but that also describe the historical sources of these laws and institutions; the realities of intellectual property enforcement in the marketplace; and the political, economic, educational, and scientific infrastructures that sustain and direct inve- ment in innovative activity. A.

Parallel Trade in Europe

Intellectual Property, Competition and Regulatory Law
Author: Christopher Stothers
Publisher: Bloomsbury Publishing
ISBN: 1847313612
Category: Law
Page: 467
View: 864

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Shortlisted for the 2008 Young Authors Inner Temple Book Prize Are parallel importers the key to free trade, breaking down long-established national barriers for the benefit of all? Or do they instead just operate in a dubious 'grey market' for their own profit, free-loading on the investment of innovators and brand owners to the ultimate detriment of everyone? Parallel trade is in turn lionised and demonised, both in legal commentary and in the mainstream press. As one might expect, the truth lies somewhere between these extremes. Once goods have been manufactured they are put onto the market in one country by the manufacturer. Parallel trade occurs when the goods are subsequently transferred to a second country by another party (the parallel trader, who may be the end consumer). The distinguishing feature of parallel trade is that the manufacturer did not intend those particular goods to end up in the second country. The goods are normally described in that country as 'parallel imports' or 'grey market goods'. The latter term is generally used to suggest that the trade, while not exactly 'black market', is not entirely lawful either. Understanding how European Community law operates to permit or restrict parallel trade involves exploring a complex matrix of rules from the fields of free movement, intellectual property, competition and regulatory law, including both private and public enforcement regimes. Where goods are parallel imported from outside the Community these rules change and new considerations come into play, such as obligations arising from the European Economic Area, the World Trade Organization and bilateral free trade agreements. The experience of Europe, which has grappled with the issues on a regional basis for more than four decades, provides a fertile source for examination of parallel trade in other jurisdictions. Christopher Stothers' comprehensive treatment successfully analyses this difficult topic, considering both Community and national decisions.

Intellectual Property, Human Rights and Competition

Access to Essential Innovation and Technology
Author: Abbe Elizabeth Lockhart Brown
Publisher: Edward Elgar Publishing
ISBN: 085793497X
Category: Law
Page: 236
View: 1033

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ÔAbbe BrownÕs new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.Õ Ð Steven Anderman, University of Essex, UK and University of Stockholm, Sweden ÔMuch has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.Õ Ð Carlos M. Correa, University of Buenos Aires, Argentina ÔIntellectual property interacts (or clashes?) with human rights and competition law. The refreshing bit about this book is that a detailed practical approach to the inevitable balancing act is proposed. Abbe Brown explains how a human rights approach is the cornerstone of such a balancing approach and how positive results can be achieved towards unblocking essential technologies. And it can be done in the existing international legal framework, even if the latter could be improved. Well-researched, challenging and interesting reading!Õ Ð Paul Torremans, University of Nottingham, UK ÔAbbe BrownÕs study starts from the assumption that IP right owners, particularly those of innovative technologies, dispose of a disproportionate strong legal position in relation to that of competitors and customers, which is detrimental to society at large. Brown investigates how the power of the IP right owners can be limited by applying existing human rights law and competition law. To that aim it is suggested to widen the legal landscape and to develop a more tripartite substantive approach to IP law, human rights law and competition law. BrownÕs study offers a very welcome new contribution to the literature on the functioning of IP law, by stressing the joint role which competition law and human rights law can play in this respect.Õ Ð F. Willem Grosheide, Utrecht University and Attorney at law, Van Doorne Amsterdam, The Netherlands This detailed book explores the relationship between intellectual property, competition and human rights. It considers the extent to which they can and must be combined by decision makers, and how this approach can foster innovation in key areas for society Ð such as pharmaceutical drugs, communications software and technology to combat climate change. The author argues that these three legal fields are strongly interrelated and that they can be used to identify essential technologies. She demonstrates that in some cases, combining the fields can deliver new bases for wider access to be provided to technologies. The solutions developed are strongly based on existing laws, with a focus on the UK and the EU and the structures of existing forms of dispute resolution, including the European Court of Human Rights and the dispute settlement bodies of the World Trade Organisation. The final chapters also suggest opportunities for further engagement at international policy and activist level, new approaches to IP and its treaties, and wider adoption of the proposals. This timely book will appeal to academics and practitioners in IP, competition and human rights, as well as innovation-related industry groups and access to knowledge, health and environment activists.