Intellectual Property and Eu Competition Law

Author: Jonathan D. C. Turner
Publisher: Oxford University Press, USA
ISBN: 9780198708247
Format: PDF
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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.

European Competition Law Annual 2005

Author: Claus-Dieter Ehlermann
Publisher: Bloomsbury Publishing
ISBN: 1847313558
Format: PDF, ePub
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This is the tenth in a series of volumes based on the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the materials of the roundtable debate which examined the interaction between competition law and intellectual property law. The workshop participants - a group of senior representatives of the Commission and the national competition authorities of some EC Member States, reknowned international academics and legal practitioners - discussed the economic and legal issues that arise in this particular area of application of the EC competition rules, under the following headings: 1) whether the characteristics of intellectual property products/markets justify special treatment under the competition rules; 2) a critical assessment of the Block Exemption Regulation and corresponding Guidelines recently adopted in this area of EC competition law enforcement; 3) the specific enforcement issues that arise in relation to patent pools and collecting societies; and 4) specific problems related to IP in the domains of merger control and application of Article 82 EC.

Intellectual Property and Competition Law

Author: Steven Anderman
Publisher: OUP Oxford
ISBN: 9780199589951
Format: PDF, Kindle
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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.

Research Handbook on Intellectual Property and Competition Law

Author: Josef Drexl
Publisher: Edward Elgar Publishing
ISBN: 1848443854
Format: PDF, Mobi
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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.

EU Competition Law

Author: Robbert Snelders
Publisher: Claeys & Casteels
ISBN: 9789077644324
Format: PDF, Mobi
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This book explores the interplay between EU competition rules and intellectual property rights. It will include introductory chapters into the basic principles of intellectual property law, the main categories of intellectual property rights, and EU competition and free move-ment rules. In a second part, the book will examine the application of EU competition law to specific issues raised by the exercise of intellectual property rights, including R&D collabora-tion, standardization, licensing, patent pools, online dissemination of copyrighted content, duties to license, limits on injunctions, vexatious litigation, privateering arrangements, and merger control. In doing so, the book will consider practical issues commonly encountered in IP-heavy industries, including the pharmaceutical, media, and ITC sectors. (Series: EU Competition Law) [Subject: Competition Law, European Law, Intellectual Property Law]

EU Competition Law and Intellectual Property Rights

Author: Steven Anderman
Publisher: OUP Oxford
ISBN: 9780199589968
Format: PDF, Kindle
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An accessible introduction to the interface between competition law and intellectual property rights, this book considers the shared goals and inherent tensions of the two regimes. It offers a clear explanation of competition law as a framework of rules which regulate the exploitation and licensing of intellectual property rights.

Competition Law and Intellectual Property

Author: Giandonato Caggiano
Publisher: Kluwer Law International
ISBN: 9789041134479
Format: PDF, ePub
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This book focuses on the convergent roles of competition law and regulation of IPRs in the context of the European Single Market. The perspectives of the expert authors judges, academics, and lawyers who gathered in Rome in 2009 for the Annual Conference of the Association of European Competition Law Judges disentangle and efficiently recombine the diverse threads woven into this complex pattern: the rapidly evolving technical environment, the decentralization process inherent in the Community acquis, and the lack of a single effective European jurisdiction for IPRs."

Antitrust Patents and Copyright

Author: François Lévêque
Publisher: Edward Elgar Publishing
ISBN: 9781781008041
Format: PDF
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In modern markets innovation is at least as great a concern as price competition. The book discusses how antitrust policy and patent and copyright laws interact to create market dynamics that affect both competition and innovation. Antitrust and intellectual property policies for the most part are complementary, sharing common goals of promoting innovation and economic welfare. In some cases, however, their distinct approaches, one based on competition and the other on exclusion, come into conflict. As antitrust authorities focus increasingly on ensuring that firms do not interfere with innovation by rivals or impede the pace of technological progress in an industry, they necessarily must confront difficult questions about the strength and scope of intellectual property rights. When should private property rights give way to public competition objectives? When is it appropriate to remedy anticompetitive outcomes through access to protected intellectual property? How does antitrust enforcement or competition itself affect incentives to innovate? Leading economists and lawyers address these questions from both US and EU perspectives in discussing salient antitrust cases involving intellectual property rights such as Microsoft, Magill, Kodak, IMS and Intel.

Innovation Markets and Competition Analysis

Author: Marcus Glader
Publisher: Edward Elgar Publishing
ISBN: 1847201687
Format: PDF, Kindle
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The book is warmly recommended to practitioners and academics from both the legal and the economic field. Guido Westkamp, Journal of Intellectual Property Law and Practice . . . Glader offers strong commentary and case explanation, coupled with insightful analysis, in this complex area. . . This book is strong on both the relevant law, and the economics arena in which the law must be applied, and deals equally well with the US and EC principles and practice. Mark Furse, European Competition Law Review The pace and scope of technological change is increasing, but some innovative technologies take years before they give rise to saleable products. Before they do, there is competition in ideas and research, but the ideas cannot be market tested, because there are no products or services to offer to consumers. Competition law, in Europe and the USA, cannot be applied to competition in research for innovation as if it was competition between products. Completely different problems arise and a completely different approach is needed. This book, the first on innovation markets, shows how this new approach has been used by competition authorities on both sides of the Atlantic in a wide variety of cases. It analyses in depth and detail the comparative law and economics of the problems arising from the different stages of these markets . It considers how far conclusions can be drawn about the future and comes to interesting, practical and sensible conclusions. And it avoids both unjustified scepticism and exaggerated enthusiasm about the theories of innovation markets. John Temple Lang, Cleary Gottlieb Steen & Hamilton LLP, Brussels and London; Trinity College Dublin, Ireland and Oxford University, UK This book examines the legal standards and their underlying economic rationale for the protection of competition in the innovation process, in both European competition law and American antitrust law. Apart from relevant regulatory frameworks, the author also reviews a range of case laws, which assess whether a transaction or unilateral conduct would limit market participants incentives and abilities for continued innovation and future competition. At the centre of this study is the innovation market concept. This concept entails the delineation, for purposes of antitrust analysis, of an upstream market for competing R&D. Questions of market definition, the assessment of innovation competition in defined markets, the role of efficiencies in the appraisal of transactions and possible remedies to alleviate anti-competitive effects are also explored. Updating the field of research in light of new developments and broadening and deepening the categorization and analysis of the innovation market area, this book will be of great interest to academics, practitioners and consultants, and also public policymakers.