The Interplay Between Competition Law and Intellectual Property

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Release : 2019-01-17
Genre : Law
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Book Rating : 905/5 ( reviews)

The Interplay Between Competition Law and Intellectual Property - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Interplay Between Competition Law and Intellectual Property write by Gabriella Muscolo. This book was released on 2019-01-17. The Interplay Between Competition Law and Intellectual Property available in PDF, EPUB and Kindle. 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

Multi-dimensional Approaches Towards New Technology

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Release : 2018-07-23
Genre : Law
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Book Rating : 32X/5 ( reviews)

Multi-dimensional Approaches Towards New Technology - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Multi-dimensional Approaches Towards New Technology write by Ashish Bharadwaj. This book was released on 2018-07-23. Multi-dimensional Approaches Towards New Technology available in PDF, EPUB and Kindle. 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.

The Interface Between Intellectual Property Rights and Competition Policy

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Release : 2007-05-10
Genre : Law
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Book Rating : 695/5 ( reviews)

The Interface Between Intellectual Property Rights and Competition Policy - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Interface Between Intellectual Property Rights and Competition Policy write by Steven D. Anderman. This book was released on 2007-05-10. The Interface Between Intellectual Property Rights and Competition Policy available in PDF, EPUB and Kindle. 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

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Release : 2011-02-10
Genre : Law
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Book Rating : 951/5 ( reviews)

Intellectual Property and Competition Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Intellectual Property and Competition Law write by Steven Anderman. This book was released on 2011-02-10. Intellectual Property and Competition Law available in PDF, EPUB and Kindle. Examining the relationship between intellectual property and competition law with a particular focus on European law, this book highlights areas emerging new frontiers.

Research Handbook on Intellectual Property and Competition Law

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Release : 2010-01-01
Genre : Law
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Book Rating : 854/5 ( reviews)

Research Handbook on Intellectual Property and Competition Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Research Handbook on Intellectual Property and Competition Law write by Josef Drexl. This book was released on 2010-01-01. Research Handbook on Intellectual Property and Competition Law available in PDF, EPUB and Kindle. 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.