Intellectual Property And The Limits Of Antitrust

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Intellectual Property and the Limits of Antitrust

Author : Katarzyna Czapracka
Publisher : Edward Elgar Publishing
ISBN 13 : 1849803269
Total Pages : 165 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Intellectual Property and the Limits of Antitrust by : Katarzyna Czapracka

Download or read book Intellectual Property and the Limits of Antitrust written by Katarzyna Czapracka and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Antitrust Law and Intellectual Property Rights

Author : Christopher R. Leslie
Publisher : Oxford University Press
ISBN 13 : 0199749949
Total Pages : 704 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Antitrust Law and Intellectual Property Rights by : Christopher R. Leslie

Download or read book Antitrust Law and Intellectual Property Rights written by Christopher R. Leslie and published by Oxford University Press. This book was released on 2010-11-19 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds of their intellectual property rights. Leslie explains that while substantive intellectual property law defines the scope of the exclusionary rights, antitrust law often provides the most important consequences when owners of intellectual property misuse their rights in a way that harms consumers or illegitimately excludes competitors. Antitrust law defines the limits of what intellectual property owners can do with their IP rights. In this book, Leslie explores what conduct firms can and cannot engage in while acquiring and exploiting their intellectual property rights, and surveys those aspects of antitrust law that are necessary for both antitrust practitioners and intellectual property attorneys to understand. This book is ideal for an advanced antitrust course in a JD program. In addition to building on basic antitrust concepts, it fills in a gap that is often missing in basic antitrust courses yet critical for an intellectual property lawyer: the intersection of intellectual property and antitrust law. The relationship between intellectual property and antitrust is particularly valuable as an increasing number of law schools offer specializations and LLMs in intellectual property. This book also provides meaningful material for both undergraduate and graduate business schools programs because it explains how antitrust law limits the marshalling of intellectual property rights.

Antitrust Issues in Intellectual Property Law

Author : Bradford P. Lyerla
Publisher :
ISBN 13 : 9781634254465
Total Pages : 322 pages
Book Rating : 4.2/5 (544 download)

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Book Synopsis Antitrust Issues in Intellectual Property Law by : Bradford P. Lyerla

Download or read book Antitrust Issues in Intellectual Property Law written by Bradford P. Lyerla and published by . This book was released on 2016 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The intersection of intellectual property law and antitrust law is busy and complicated, and there's no reason to believe that the heavy traffic will abate anytime soon. In the past year alone, the Congress, regulators and courts have all made significant statements affecting the historical balance between the competing policies underlying intellectual property and antitrust law. [This book] focuses on recent developments, helping the IP practitioner stay informed about the law and the many ways in which antitrust law limits, disciplines, and counterbalances intellectual property law and vice versa. Topics cover antitrust issues in these areas of intellectual property law: acquisition, procurement, and ownership; licensing; litigation; settlements under the Hatch-Waxman Act; and incorporation of IP into a standard set by a standard-setting organization (SSO)."--

The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech

Author : Roger D. Blair
Publisher : Cambridge University Press
ISBN 13 : 1108211178
Total Pages : 873 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech by : Roger D. Blair

Download or read book The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech written by Roger D. Blair and published by Cambridge University Press. This book was released on 2017-04-07 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Cambridge Handbook, edited by Roger D. Blair and D. Daniel Sokol, brings together a group of world-renowned professors in the fields of law and economics to assess the theory and practice of antitrust, intellectual property, and high tech. With the increased globalization of antitrust, a better understanding of how law and economics shape this interface will help academics, policymakers, and practitioners to understand the existing state of academic literature, its limits, and its relevance to real-world antitrust. The book will be an essential resource for anyone seeking to understand academic and policy considerations shaping the world of antitrust, intellectual property, and high tech.

Intellectual Property and Antitrust Handbook

Author :
Publisher : American Bar Association
ISBN 13 : 9781590318669
Total Pages : 630 pages
Book Rating : 4.3/5 (186 download)

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Book Synopsis Intellectual Property and Antitrust Handbook by :

Download or read book Intellectual Property and Antitrust Handbook written by and published by American Bar Association. This book was released on 2007 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt:

IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd Edition

Author : Hovenkamp, Janis, Lemley, Leslie, Carrier
Publisher : Wolters Kluwer
ISBN 13 : 1454885289
Total Pages : 3280 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd Edition by : Hovenkamp, Janis, Lemley, Leslie, Carrier

Download or read book IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd Edition written by Hovenkamp, Janis, Lemley, Leslie, Carrier and published by Wolters Kluwer. This book was released on 2016-01-01 with total page 3280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intellectual Property, Market Power and the Public Interest

Author : Inge Govaere
Publisher : Peter Lang
ISBN 13 : 9789052014227
Total Pages : 322 pages
Book Rating : 4.0/5 (142 download)

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Book Synopsis Intellectual Property, Market Power and the Public Interest by : Inge Govaere

Download or read book Intellectual Property, Market Power and the Public Interest written by Inge Govaere and published by Peter Lang. This book was released on 2008 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main objective of the contributions to this book is to bring together two seemingly different strands of thought: the competition-law analysis of the exercise of intellectual property, and the discussion about the proper limits of protection, which at present takes place inside the intellectual property community. Both are burdened with their own problems, particularly so in Europe, where market integration and the divide between exclusionary and exploitative abuses ask for a more dimensional approach, and where the shaping of intellectual property protection is under not only the influence of many interests and policies, but a multi-level exercise of the Community and its member states. The question is whether, nevertheless, there is a common concern, or whether the frequently asserted convergence of the operation and of the goals of competition law and intellectual property law does not mask a fundamental difference - namely that of, on the one hand, protecting freedom of competition against welfare-reducing restrictions of competition only, and, on the other, limiting the protection of exclusive rights in the (public) interest of maintaining free access to general knowledge. The purpose of the workshop held in 2007 at the College of Europe, Bruges, and whose results are published here, was to ask which role market power plays in either context, which role it may legitimately play, and which role it ought not to play. A tentative answer might be found in the general principle that, just as intellectual property does not enjoy a particular status under competition law, so competition law may not come as a white knight to rescue intellectual property protection from itself. However, the meaning of that principle differs according to both the context of the acquisition and the exploitation of intellectual property, and it differs from one area of intellectual property to the other. Therefore, an attempt has also been made to cover more facets of the prism-like complex of problems than is generally done.

The Intellectual Property and Antitrust Review

Author : Thomas Vinje
Publisher :
ISBN 13 : 9781838624644
Total Pages : 237 pages
Book Rating : 4.6/5 (246 download)

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Book Synopsis The Intellectual Property and Antitrust Review by : Thomas Vinje

Download or read book The Intellectual Property and Antitrust Review written by Thomas Vinje and published by . This book was released on 2020 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Antitrust Enforcement & Intellectual Property Rights: Promoting Innovation & Competition

Author : United States. Department of Justice
Publisher : DIANE Publishing
ISBN 13 : 9781422320198
Total Pages : 216 pages
Book Rating : 4.3/5 (21 download)

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Book Synopsis Antitrust Enforcement & Intellectual Property Rights: Promoting Innovation & Competition by : United States. Department of Justice

Download or read book Antitrust Enforcement & Intellectual Property Rights: Promoting Innovation & Competition written by United States. Department of Justice and published by DIANE Publishing. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:

IP and Antitrust

Author : Nuno Pires de Carvalho
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041160434
Total Pages : 500 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis IP and Antitrust by : Nuno Pires de Carvalho

Download or read book IP and Antitrust written by Nuno Pires de Carvalho and published by Kluwer Law International B.V.. This book was released on 2015-04-14 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumers can make choices because of the differentiation that is preserved by intellectual property. Competition law informs intellectual property, generally with the intent of ensuring that it achieves this main purpose. However, very often, certain public policies relating to competition interfere with the way intellectual property should normally operate, either with the purpose of reinforcing its differentiating role, or with the objective of submitting it to other public goals – such as access to essential goods and services, or in recognition of situations where a given invention becomes part of a technical standard or is deemed dangerous to health or the environment. This book presents eighty cases that interpret the various public policies that mould the interface of intellectual property law with competition law (or antitrust). Although most cases are from the United States - which has developed an enormously wide wealth of jurisprudence in this area - there are also cases from the European Union, the United Kingdom, Australia, Canada, South Africa, Brazil, South Korea, India, and Argentina. The author presents the cases under the following general headings: • setting the right dosage (i.e., avoiding too much or too little intellectual property); • setting the standards of differentiation; • refusing to license intellectual property; • licensing (and assigning) intellectual property; • enforcing intellectual property rights; • remedies; • intellectual property in sectors of special public interest; and • technical standards. Revealing in extraordinary depth the tensions behind the values of the free market which intellectual property serves and the variety of responses these tensions provoke, this book may be regarded as a watershed resource regarding the principles and policies that, sometimes coherently, sometimes not, preside over the very complex relationship between intellectual property and antitrust. It is sure to be greatly valued by all professionals in both fields, from practitioners to policymakers, as well as by academics.

Antitrust Issues in Intellectual Property Law

Author : Bradford P Lyerla
Publisher :
ISBN 13 : 9781639053858
Total Pages : 0 pages
Book Rating : 4.0/5 (538 download)

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Book Synopsis Antitrust Issues in Intellectual Property Law by : Bradford P Lyerla

Download or read book Antitrust Issues in Intellectual Property Law written by Bradford P Lyerla and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is about the intersection of intellectual property (IP) law and antitrust law"--

Creation without Restraint

Author : Christina Bohannan
Publisher : Oxford University Press
ISBN 13 : 0199813493
Total Pages : 440 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Creation without Restraint by : Christina Bohannan

Download or read book Creation without Restraint written by Christina Bohannan and published by Oxford University Press. This book was released on 2012-01-13 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creation without Restraint: Promoting Liberty and Rivalry in Innovation analyzes the current state of competition (antitrust) and intellectual property laws, and proposes realistic reforms that will encourage innovation. As with antitrust and a reform process that aligned injury requirements in lawsuits with the incentive to compete, this book proposes similar reforms for patent and copyright law, and considers both the uses and limitations of antitrust as a vehicle for intellectual property law reform.

Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions

Author : Bruce Kilpatrick
Publisher : Springer
ISBN 13 : 3319714198
Total Pages : 602 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions by : Bruce Kilpatrick

Download or read book Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions written by Bruce Kilpatrick and published by Springer. This book was released on 2018-07-03 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law to online sales platforms, which is increasingly a focus for anti-trust authorities around the world. A detailed international report explores which are the major challenges for competition law generated by the growth of online platforms. It provides an excellent comparative study of this complex and challenging subject. The second part of the book gathers contributions from various jurisdictions on the topic “To what extent do current exclusions and limitations to copyright strike a fair balance between the rights of owners and fair use by private individuals and others ?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with exceptions to copyright, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

Antitrust, Patents, and Copyright

Author : François Lévêque
Publisher : Edward Elgar Publishing
ISBN 13 : 9781781008041
Total Pages : 262 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Antitrust, Patents, and Copyright by : François Lévêque

Download or read book Antitrust, Patents, and Copyright written by François Lévêque and published by Edward Elgar Publishing. This book was released on 2005-01-01 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Intersection of Antitrust and Intellectual Property

Author : Gary Myers
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 894 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Intersection of Antitrust and Intellectual Property by : Gary Myers

Download or read book The Intersection of Antitrust and Intellectual Property written by Gary Myers and published by West Academic Publishing. This book was released on 2007 with total page 894 pages. Available in PDF, EPUB and Kindle. Book excerpt: As intellectual property has grown in importance, the interaction between antitrust law and intellectual property has developed into a crucial part of the legal landscape. This new text is the first casebook expressly designed for a course on the intersection of intellectual property and antitrust law or for an advanced seminar on intellectual property misuse. It may also be suitable for supplemental use in a course on intellectual property, licensing, or litigation. Written by a professor who has worked in both the antitrust and intellectual property fields for over two decades, the casebook addresses both the rights of authors and inventors and the interest of society in promoting competition, expanding its base of knowledge, improving technology, and protecting consumer welfare.

Intellectual Property and Antitrust

Author : Mariateresa Maggiolino
Publisher : Edward Elgar Publishing
ISBN 13 : 1849809631
Total Pages : 289 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Intellectual Property and Antitrust by : Mariateresa Maggiolino

Download or read book Intellectual Property and Antitrust written by Mariateresa Maggiolino and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Liability for Antitrust Law Infringements & Protection of IP Rights in Distribution

Author : Pranvera Këllezi
Publisher : Springer
ISBN 13 : 3030175502
Total Pages : 573 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Liability for Antitrust Law Infringements & Protection of IP Rights in Distribution by : Pranvera Këllezi

Download or read book Liability for Antitrust Law Infringements & Protection of IP Rights in Distribution written by Pranvera Këllezi and published by Springer. This book was released on 2019-07-05 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the allocation of liability for infringement of antitrust laws between corporations and individuals. The book explores the criminal or administrative sanctions available against corporations, companies or group of companies, and individuals, such as employees or directors. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study of this complex and challenging subject. The second part examines whether intellectual property rights are sufficiently protected to ensure a fair return on investments made by manufacturers and distributors. This question comes at a time where distribution is facing deep and radical changes with the Internet. To what extent this is an opportunity or a threat to the sustainability of distribution systems of differentiated and IP protected goods is the question. This book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.