Intellectual Property and EU Competition Law

Author: Jonathan D. C. Turner
Publisher: Oxford University Press, USA
ISBN:
Format: PDF, Docs
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The interface between intellectual property rights and competition policy is one of the most important and difficult areas of EU economic law. Exclusive rights conferred by intellectual property laws have to be reconciled with competition lawagainst the background of a complicated relationship between EU law, national laws and international treaties relating to intellectual property. There have been major developments recently in this area, including cases such asMicrosoft, DSD and GlaxoSmithKline, the Commission's guidance on exclusionary abuses of dominant position, the Technology Transfer Block Exemption, and the Commission's Guidelines on Technology Transfer. This practical book contains a detailed explanation of the application of EU competition law toall types of intellectual property, including recent developments, and the resulting regulatory framework for the exploitation and licensing of intellectual property rights.

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.

Intellectual Property and the Limits of Antitrust

Author: Katarzyna Czapracka
Publisher: Edward Elgar Publishing
ISBN: 1849803269
Format: PDF, Kindle
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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 Rights in EU Law Free movement and competition law

Author: David T. Keeling
Publisher: Courier Corporation
ISBN: 9780198259183
Format: PDF, ePub, Mobi
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This volume describes the relationship between intellectual property rights and the law of the European Union. It examines the conflict between intellectual property rights and the free movement of goods and services under European law and analyses the various solutions to that conflict that have been adopted by the European Court of Justice. Finally, the volume examines the influence of EC competition law on the exercise of intellectual property rights. Readership: Academics, practitioners, judges, patent and trade mark agents and attorneys. Those with a professional interest in intellectual property law.

Eu Competition Law

Author: Robbert Snelders
Publisher:
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.

EU Competition Law

Author: Ariel Ezrachi
Publisher: Bloomsbury Publishing
ISBN: 1509920382
Format: PDF, ePub, Docs
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This book is designed as a working tool for the study and practice of European competition law. It is an enlarged and updated sixth edition of the highly practical guide to the leading cases of European competition law. This sixth edition focuses on Article 101 TFEU, Article 102 TFEU and the European Merger Regulation. In addition it explores the public and private enforcement of competition law, the intersection between intellectual property rights and competition law, the application of competition law to state action and state aid laws. Each chapter begins with an introduction which outlines the relevant laws, regulations and guidelines for each of the topics, setting the analytical foundations for the case entries. Within this framework, cases are reviewed in summary form, accompanied by analysis and commentary. Praise for earlier editions: 'This book should be in the library of every competition law practitioner and academic. The summary of cases is first class. But what makes it really stand out is the quality of the commentary and the selection of the material which includes not only the most important European judgements and decisions but also some of the leading cases from the US and European Member States.' Ali Nikpay, Gibson, Dunn & Crutcher LLP 'The study of EU competition law requires the analysis and understanding of a number of increasingly complex European Commission and European Court decisions. Through the provision of case summaries, excerpts from the important passages and concise commentary linking these decisions to other key case law and Commission documents, this unique and impressive book, now in its fifth edition, provides the student and practitioner of EU competition law with an extremely clear and useful introduction to these leading decisions.' Dr Kathryn McMahon, Associate Professor, School of Law, University of Warwick 'This book is especially valuable for competition law specialists in Europe and abroad who are interested in the jurisprudence and policy of the European Union and its member states. Familiarity with the European regime is essential for proficiency in competition law today, and this volume provides an excellent foundation.' William E Kovacic, Global Competition Professor of Law and Policy, George Washington University Law School, Former Chairman, US Federal Trade Commission 'The Guide is an invaluable tool for both students and practitioners. It provides a compact overview of the fundamental cases and highlights the essential problems in a clear and sharp analysis.' Dr Christoph Voelk, Antitrust Practice Group, McDermott, Will & Emery LLP, Brussels

Research Handbook on Intellectual Property and Competition Law

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

Brands Competition Law and IP

Author: Deven R. Desai
Publisher: Cambridge University Press
ISBN: 1107103460
Format: PDF, ePub, Mobi
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Introduces the emerging field of brand law and explores its interaction with the economics of modern branding.

EU Competition Law and Intellectual Property Rights

Author: Steven Anderman
Publisher: OUP Oxford
ISBN: 9780199589968
Format: PDF, Mobi
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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.

Intellectual Property and Antitrust

Author: Mariateresa Maggiolino
Publisher: Edward Elgar Publishing
ISBN: 1849809631
Format: PDF, ePub, Docs
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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.