intellectual property and competition law

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Intellectual Property And Competition Law

Author : Gustavo Ghidini
ISBN : 9781845429935
Genre : Competition, Unfair
File Size : 56. 25 MB
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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
ISBN : 9781848443853
Genre : Law
File Size : 41. 52 MB
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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 In India

Author : H. M. Jhala
ISBN : STANFORD:36105043939219
Genre : Law
File Size : 78. 33 MB
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The Interplay Between Competition Law And Intellectual Property

Author : Gabriella Muscolo
ISBN : 9789041186904
Genre : Law
File Size : 24. 93 MB
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Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields

Intellectual Property With Competition Law And Practice

Author : Peter Groves
ISBN : 1874241546
Genre : Law
File Size : 35. 10 MB
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This work provides a clear and logical introduction to intellectual property and competition law, which is designed to be readily understood by students with no prior knowledge of the subject.

International Review Of Intellectual Property And Competition Law

Author :
ISBN : STANFORD:36105063249549
Genre : Antitrust law
File Size : 79. 53 MB
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The Interface Between Intellectual Property Rights And Competition Policy

Author : Steven D. Anderman
ISBN : 9781139462693
Genre : Law
File Size : 49. 46 MB
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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 Competition Law

Author : Moritz Lorenz
ISBN : 9041166696
Genre : Law
File Size : 28. 45 MB
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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 Competition Law And Economics In Asia

Author : R Ian McEwin
ISBN : 9781847318251
Genre : Law
File Size : 73. 77 MB
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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 Law

Author : Steven Anderman
ISBN : 019958995X
Genre : Law
File Size : 20. 26 MB
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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.

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