The Interplay Between Competition Law and Intellectual Property PDF Download

Author: Gabriella Muscolo
Publisher: Kluwer Law International B.V.
ISBN: 9041186905
Category : Law
Languages : en
Pages : 633

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Book Description
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

Author: Steven Anderman
Publisher: OUP Oxford
ISBN: 9780199589951
Category : Law
Languages : en
Pages : 0

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

Author: Ashish Bharadwaj
Publisher: Springer
ISBN: 981131232X
Category : Law
Languages : en
Pages : 350

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Book Description
This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.

Author: Josef Drexl
Publisher: Edward Elgar Publishing
ISBN: 1848443854
Category : Law
Languages : en
Pages : 511

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Book Description
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.

Author: Mor Bakhoum
Publisher: Springer
ISBN: 3662576465
Category : Law
Languages : en
Pages : 569

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Book Description
This book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies’ collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data.

Author: Rosa Maria Ballardini
Publisher: Kluwer Law International B.V.
ISBN: 9403503416
Category : Law
Languages : en
Pages : 517

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Book Description
The digitization of industrial processes has suddenly taken a great leap forward, with burgeoning applications in manufacturing, transportation and numerous other areas. Many stakeholders, however, are uncertain about the opportunities and risks associated with it and what it really means for businesses and national economies. Clarity of legal rules is now a pressing necessity. This book, the first to deal with legal questions related to Industrial Internet, follows a multidisciplinary approach that is instructed by law concerning intellectual property, data protection, competition, contracts and licensing, focusing on business, technology and policy-driven issues. Experts in various relevant fields of science and industry measure the legal tensions created by Industrial Internet in our global economy and propose solutions that are both theoretically valuable and concretely practical, identifying workable business models and practices based on both technical and legal knowledge. Perspectives include the following: regulating Industrial Internet via intellectual property rights (IPR); data ownership versus control over data; artificial intelligence and IPR infringement; patent owning in Industrial Internet; abuse of dominance in Industrial Internet platforms; data collaboration, pooling and hoarding; legal implications of granular versioning technologies; and misuse of information for anticompetitive purposes. The book represents a record of a major collaborative project, held between 2016 and 2019 in Finland, involving a number of universities, technology firms and law firms. As Industrial Internet technologies are already being used in several businesses, it is of paramount importance for the global economy that legal, business and policy-related challenges are promptly analyzed and discussed. This crucially important book not only reveals the legal and policy-related issues that we soon will have to deal with but also facilitates the creation of legislation and policies that promote Industrial-Internet-related technologies and new business opportunities. It will be warmly welcomed by practitioners, patent and other IPR attorneys, innovation economists and companies operating in the Industrial Internet ecosystem, as well as by competition authorities and other policymakers.

Author: Robert D. Anderson
Publisher: Cambridge University Press
ISBN: 1107194369
Category : Business & Economics
Languages : en
Pages : 925

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Book Description
The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.

Author: Gustavo Ghidini
Publisher: Edward Elgar Publishing
ISBN: 1845429931
Category : Law
Languages : en
Pages : 177

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Book Description
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.

Author: R Ian McEwin
Publisher: Bloomsbury Publishing
ISBN: 1847318258
Category : Law
Languages : en
Pages : 462

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Book Description
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.

Author: Steven D. Anderman
Publisher: Cambridge University Press
ISBN: 1139462695
Category : Law
Languages : en
Pages : 547

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Book Description
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.