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Author :
Publisher : Practising Law Institute
ISBN 13 : 9781402404641
Total Pages : 512 pages
Book Rating : 4.4/5 (46 download)
Download or read book Intellectual Property Antitrust, 2004 written by and published by Practising Law Institute. This book was released on 2004 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Christopher R. Leslie
Publisher : Oxford University Press
ISBN 13 : 0199749949
Total Pages : 704 pages
Book Rating : 4.1/5 (997 download)
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.
Author : Gary Myers
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 894 pages
Book Rating : 4.F/5 ( download)
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.
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)
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.
Author : Katarzyna Czapracka
Publisher : Edward Elgar Publishing
ISBN 13 : 1849803269
Total Pages : 165 pages
Book Rating : 4.8/5 (498 download)
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.
Author : Thorsten Käseberg
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319580
Total Pages : 279 pages
Book Rating : 4.8/5 (473 download)
Download or read book Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US written by Thorsten Käseberg and published by Bloomsbury Publishing. This book was released on 2012-06-08 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg. Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP. Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.
Author : United States. Department of Justice
Publisher : DIANE Publishing
ISBN 13 : 9781422320198
Total Pages : 216 pages
Book Rating : 4.3/5 (21 download)
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:
Download or read book Intellectual Property Antitrust, 1996 written by and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hovenkamp, Janis, Lemley, Leslie, Carrier
Publisher : Wolters Kluwer
ISBN 13 : 1454885289
Total Pages : 3280 pages
Book Rating : 4.4/5 (548 download)
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:
Author : Valerio Torti
Publisher : Routledge
ISBN 13 : 1317376641
Total Pages : 317 pages
Book Rating : 4.3/5 (173 download)
Download or read book Intellectual Property Rights and Competition in Standard Setting written by Valerio Torti and published by Routledge. This book was released on 2015-10-05 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Technology and the Law
Publisher :
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.0/5 ( download)
Download or read book Intellectual Property Antitrust Protection Act of 1987 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Technology and the Law and published by . This book was released on 1989 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.:/5 (327 download)
Download or read book Antitrust Guidelines for the Licensing of Intellectual Property written by and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : François Lévêque
Publisher : Edward Elgar Publishing
ISBN 13 : 9781781008041
Total Pages : 262 pages
Book Rating : 4.0/5 (8 download)
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.
Author :
Publisher :
ISBN 13 :
Total Pages : 510 pages
Book Rating : 4.:/5 (319 download)
Download or read book Intellectual Property/antitrust written by and published by . This book was released on 2006 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher : American Bar Association
ISBN 13 : 9781590310793
Total Pages : 158 pages
Book Rating : 4.3/5 (17 download)
Download or read book The Federal Antitrust Guidelines for the Licensing of Intellectual Property written by and published by American Bar Association. This book was released on 2002 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of the Antitrust Section's handbook on the Department of Justice and Federal Trade Commission's Antitrust Guidelines for the Licensing of Intellectual Property. Like its predecessor, this volume provides a description of the enforcement agencies' antitrust policy with respect to the licensing of patents, copyrights, trade secrets, and know-how. It also is updated to reflect the pertinent developments since the agencies issued their Guidelines seven years ago. Since 1995, the agencies have initiated a wide variety of enforcement actions involving intellectual property and have pursued claims ranging from alleged price fixing among patent holders to allegedly anticompetitive settlements of infringement litigation. This book discusses these enforcement actions and the recent judicial decisions in this area and also provides some historical perspective on the agencies' current policy with respect to the licensing of intellectual property. The book includes the complete text of the 1995 Department of Justice and Federal Trade Commission Antitrust Guidelines for the Licensing of Intellectual Property.
Author : Thomas Vinje
Publisher :
ISBN 13 : 9781910813072
Total Pages : 175 pages
Book Rating : 4.8/5 (13 download)
Download or read book The Intellectual Property and Antitrust Review written by Thomas Vinje and published by . This book was released on 2016 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law
Publisher :
ISBN 13 :
Total Pages : 412 pages
Book Rating : 4.0/5 ( download)
Download or read book Intellectual Property Antitrust Protection Act of 1989 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law and published by . This book was released on 1991 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:
