Intellectual Property and Competition Law


Author: Moritz Lorenz
Publisher: N.A
ISBN: 9789041166692
Category: Law
Page: 369
View: 6597

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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.

Intellectual Property and Competition Law

The Innovation Nexus
Author: Gustavo Ghidini
Publisher: Edward Elgar Publishing
ISBN: 1845429931
Category: Competition, Unfair
Page: 176
View: 5699

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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.

Research Handbook on Intellectual Property and Competition Law


Author: Josef Drexl
Publisher: Edward Elgar Publishing
ISBN: 1848443854
Category: Law
Page: 512
View: 4821

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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

New Frontiers
Author: Steven Anderman,Ariel Ezrachi
Publisher: OUP Oxford
ISBN: 9780199589951
Category: Law
Page: 544
View: 5978

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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.

Intellectual Property, Competition Law and Economics in Asia


Author: R Ian McEwin
Publisher: Bloomsbury Publishing
ISBN: 1847318258
Category: Law
Page: 368
View: 4242

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This book results from a conference held in Singapore in September 2009 that brought together distinguished lawyers and economists to examine the differences and similarities in the intersection between intellectual property and competition laws in Asia. The prime focus was how best to balance these laws to improve economic welfare. Countries in Asia have different levels of development and experience with intellectual property and competition laws. Japan has the longest experience and now vigorously enforces both competition and intellectual property laws. Most other countries in Asia have only recently introduced intellectual property laws (due to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement) and competition laws (sometimes due to the World Bank, International Monetary Fund or free trade agreements). It would be naïve to think that laws, even if similar on the surface, have the same goals or can be enforced similarly. Countries have differing degrees of acceptance of these laws, different economic circumstances and differing legal and political institutions. To set the scene, Judge Doug Ginsburg, Greg Sidak, David Teece and Bill Kovacic look at the intersection of intellectual property and competition laws in the United States. Next are country chapters on Asia, each jointly authored by a lawyer and an economist. The country chapters outline the institutional background to the intersection in each country, discuss the policy underpinnings (theoretically as well as describing actual policy initiatives), analyse the case law in the area, and make policy prescriptions.

Intellectual Property and Competition


Author: Michael A. Carrier
Publisher: Edward Elgar Pub
ISBN: 9781848442184
Category: Law
Page: 753
View: 7925

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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: 5949

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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.

Intellectual Property and Eu Competition Law


Author: Jonathan D. C. Turner
Publisher: Oxford University Press, USA
ISBN: 9780198708247
Category: Law
Page: 480
View: 2383

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The interface between intellectual property rights and competition policy is one of the most important and difficult areas of EU commercial law and corresponding national laws. The exploitation of exclusive rights can conflict with competition law, which aims to preserve competition as the driving force in efficient markets. These conflicts have to be resolved against the background of a complicated relationship between EU law, national laws, and international treaties relating to intellectual property. This second edition of an extremely well-reviewed work covers numerous developments that have taken place since the first edition, including the revision of the Technology Transfer Block Exemption and Guidelines, the adoption of a new block exemption for Research and Development, revised Guidelines on horizontal co-operation, the implications of the UsedSoft judgment on exhaustion of rights, EU legislation regulating collecting societies, and cases concerning the abuse of dominant position by misuse of the patent system such AstraZeneca v Commission. The book contains a detailed explanation of the application of EU competition law to all types of intellectual property and the resulting regulatory framework for the exploitation and licensing of intellectual property rights. It has practical analysis of such issues as technology transfer and pools, standards, research and development, collecting societies, franchising, and merchandising. The first edition was quoted with approval by the English Court of Appeal.

Innovation, Competition and Consumer Welfare in Intellectual Property Law


Author: Gustavo Ghidini
Publisher: Edward Elgar Publishing
ISBN: 1849805253
Category: Law
Page: 304
View: 1188

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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.

The Interface Between Intellectual Property Rights and Competition Policy


Author: Steven D. Anderman
Publisher: Cambridge University Press
ISBN: 9780521126984
Category: Law
Page: 588
View: 6996

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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.

Competition on the Internet


Author: Gintarė Surblytė
Publisher: Springer
ISBN: 3642550967
Category: Law
Page: 108
View: 9479

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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.

Tax and Corporate Governance


Author: Wolfgang Schön
Publisher: Springer Science & Business Media
ISBN: 9783540772767
Category: Business & Economics
Page: 425
View: 4984

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Academic research shows that well-known principal-agent and capital market problems are strongly influenced by tax considerations. Against this background, this volume is the first to present a fully-fledged overview of the interdependence of tax and corporate governance. Not only the basic political, legal and economic questions but also major topics like income measurement, shareholding structures, corporate social responsibility and tax shelter disclosure are covered.

EC Competition Law and Intellectual Property Rights

The Regulation of Innovation
Author: Steven D. Anderman
Publisher: Oxford University Press on Demand
ISBN: 9780198299240
Category: Law
Page: 320
View: 9348

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This book provides a template of the EC competition law rules as they relate to IPRs. Author Steven Anderman explores how such a template can be applied to existing IPRs and adapted to new technologies such as telecommunications and information technology.

Intellectual Property Rights and Competition in Standard Setting

Objectives and tensions
Author: Valerio Torti
Publisher: Routledge
ISBN: 131737665X
Category: Law
Page: 252
View: 8560

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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.

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


Author: David T. Keeling
Publisher: Courier Corporation
ISBN: 9780198259183
Category: Law
Page: 410
View: 9639

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Keeling describes the relationship between intellectual property rights and the law of the European Union. He examines the conflict between intellectual property rights and the free movement of goods and services under European law and analyses the solutions adopted by the European Court of Justice.

Competition Law, Technology Transfer and the TRIPS Agreement

Implications for Developing Countries
Author: Tu Thanh Nguyen
Publisher: Edward Elgar Publishing
ISBN: 184980544X
Category: Law
Page: 346
View: 8137

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The book deals with a difficult subject with an assured touch and will be a valuable text for postgraduate students, policy-makers and practitioners. European Intellectual Property Review This is the first ever book that addresses the important issue of the competition law, intellectual property and trade interface in a developing world context. The book s unique contribution is a set of comparative case studies on this complex interface. D. Daniel Sokol, University of Florida Levin College of Law, US The book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries. Tu Thanh Nguyen argues that technology transfer-related competition law should be glocalized appropriately for the needs of local contexts, while intellectual property rights (IPR) are globalized. The book reveals that developing countries, according to the TRIPS Agreement, have the right to use domestic competition law to promote access to technology in order to protect national interests and consumer welfare. However, competition law is antitrust. It is neither anti-IPR nor anti-trade. The author finds that developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. They can reasonably apply and adapt relevant regulations, decisions and judgments from developed country jurisdictions to their own circumstances. Competition Law, Technology Transfer and the TRIPs Agreement is a timely resource for postgraduate students, practitioners, and scholars in international competition law, IPR, and technology transfer. Policymakers in the field of technology transfer-related competition law/policy, especially in developing countries, will also find this book invaluable.

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: 8756

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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 in Asia

Law, Economics, History and Politics
Author: Paul Goldstein,Joseph Straus
Publisher: Springer Science & Business Media
ISBN: 354089702X
Category: Law
Page: 357
View: 537

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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.