Intellectual Property Market Power And The Public Interest

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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.

Private Power, Public Law

Author : Susan K. Sell
Publisher : Cambridge University Press
ISBN 13 : 9780521525398
Total Pages : 244 pages
Book Rating : 4.5/5 (253 download)

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Book Synopsis Private Power, Public Law by : Susan K. Sell

Download or read book Private Power, Public Law written by Susan K. Sell and published by Cambridge University Press. This book was released on 2003 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of the power of multinational corporations in moulding international law on intellectual property rights.

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.

Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US

Author : Thorsten Käseberg
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319580
Total Pages : 279 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US by : Thorsten Käseberg

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.

Bits of Power

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 030917497X
Total Pages : 249 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Bits of Power by : National Research Council

Download or read book Bits of Power written by National Research Council and published by National Academies Press. This book was released on 1997-08-07 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since Galileo corresponded with Kepler, the community of scientists has become increasingly international. A DNA sequence is as significant to a researcher in Novosibirsk as it is to one in Pasadena. And with the advent of electronic communications technology, these experts can share information within minutes. What are the consequences when more bits of scientific data cross more national borders and do it more swiftly than ever before? Bits of Power assesses the state of international exchange of data in the natural sciences, identifying strengths, weaknesses, and challenges. The committee makes recommendations about access to scientific data derived from public funding. The volume examines: Trends in the electronic transfer and management of scientific data. Pressure toward commercialization of scientific data, including the economic aspects of government dissemination of the data. The implications of proposed changes to intellectual property laws and the role of scientists in shaping legislative and legal solutions. Improving access to scientific data by and from the developing world. Bits of Power explores how these issues have been addressed in the European Community and includes examples of successful data transfer activities in the natural sciences. The book will be of interest to scientists and scientific data managers, as well as intellectual property rights attorneys, legislators, government agencies, and international organizations concerned about the electronic flow of scientific data.

Competition Law’s Innovation Factor

Author : Viktoria H S E Robertson
Publisher : Bloomsbury Publishing
ISBN 13 : 1509931910
Total Pages : 384 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Competition Law’s Innovation Factor by : Viktoria H S E Robertson

Download or read book Competition Law’s Innovation Factor written by Viktoria H S E Robertson and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, market definition has come under attack as an analytical tool of competition law. Scholars have increasingly questioned its usefulness and feasibility. That criticism comes into sharper relief in dynamic, innovation-driven markets, which do not correspond to the static markets on which the concept of the relevant market was modelled. This book explores that controversy from a comparative legal perspective, taking into account both EU competition and US antitrust law. It examines the manifold ways in which courts and competition authorities in the EU and US have factored innovation-related considerations into market delineation, covering: innovative product markets, product differentiation, future markets, issues going beyond market definition proper – such as innovation competition, innovation markets and potential competition –, intellectual property rights, innovative aftermarkets and multi-sided platforms. This book finds that going forward, the role of market definition in dynamic contexts needs to focus on its function of market characterisation rather than on the assessment of market power.

Compulsory Licensing

Author : Reto M. Hilty
Publisher : Springer
ISBN 13 : 3642547044
Total Pages : 458 pages
Book Rating : 4.6/5 (425 download)

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Book Synopsis Compulsory Licensing by : Reto M. Hilty

Download or read book Compulsory Licensing written by Reto M. Hilty and published by Springer. This book was released on 2014-11-19 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the auspices of the Max Planck Institute for Intellectual Property and Competition Law (now the Max Planck Institute for Innovation and Competition). And Institutum Iurisprudentiae, Academia Sinica, a group of twenty scholars from around the world gathered to study the experiences made with regards to compulsory licensing. The results are demonstrated in this book. Different articles analyze how the international conventions on intellectual property may be interpreted and explore the related doctrinal groundwork surrounding compulsory patent licensing and beyond. It is shown how the compulsory licensing regime could be transformed into a truly workable mechanism facilitating the speedy use and dissemination of innovation and other subject matters of protection.

Methods and Perspectives in Intellectual Property

Author : Graeme B. Dinwoodie
Publisher : Edward Elgar Publishing
ISBN 13 : 1783470534
Total Pages : 401 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Methods and Perspectives in Intellectual Property by : Graeme B. Dinwoodie

Download or read book Methods and Perspectives in Intellectual Property written by Graeme B. Dinwoodie and published by Edward Elgar Publishing. This book was released on 2013-11-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The diversity of methods used and perspectives displayed in intellectual property law scholarship is now quite vast. This book brings together scholars from around the globe to discuss these methods and provide insights into how they are best used.

Competition Law as Regulation

Author : Josef Drexl
Publisher : Edward Elgar Publishing
ISBN 13 : 1783472596
Total Pages : 448 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Competition Law as Regulation by : Josef Drexl

Download or read book Competition Law as Regulation written by Josef Drexl and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent should competition agencies act as market regulators? Competition Law as Regulation provides numerous insights from competition scholars on new trends at the interface of competition law and sector-specific regulation. By relying on the experiences of a considerable number of different jurisdictions, and applying a comparative approach to the topic, this book constitutes an important addition to international research on the interface of competition and regulation. It addresses the fundamental issues of the subject, and contributes to legal theory and practice. Topics discussed include foundations of the complex relationship of competition law and regulation, new forms of advocacy powers of competition agencies, competition law enforcement in regulated industries in general, information and telecommunications markets, and competition law as regulation in IP-related markets. Scholars in the two fields of law and economics will find the research aspects of the book to be of interest. Officials in competition and regulatory agencies will benefit from the practical relevance of the book.

Managing University Intellectual Property in the Public Interest

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309161118
Total Pages : 118 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Managing University Intellectual Property in the Public Interest by : National Research Council

Download or read book Managing University Intellectual Property in the Public Interest written by National Research Council and published by National Academies Press. This book was released on 2011-03-28 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirty years ago federal policy underwent a major change through the Bayh-Dole Act of 1980, which fostered greater uniformity in the way research agencies treat inventions arising from the work they sponsor. Before the Act, if government agencies funded university research, the funding agency retained ownership of the knowledge and technologies that resulted. However, very little federally funded research was actually commercialized. As a result of the Act's passage, patenting and licensing activity from such research has accelerated. Although the system created by the Act has remained stable, it has generated debate about whether it might impede other forms of knowledge transfer. Concerns have also arisen that universities might prioritize commercialization at the expense of their traditional mission to pursue fundamental knowledge-for example, by steering research away from curiosity-driven topics toward applications that could yield financial returns. To address these concerns, the National Research Council convened a committee of experts from universities, industry, foundations, and similar organizations, as well as scholars of the subject, to review experience and evidence of the technology transfer system's effects and to recommend improvements. The present volume summarizes the committee's principal findings and recommendations.

China and EU Antitrust Review of Refusal to License IPR

Author : Dr. Tiancheng Jiang
Publisher : Maklu
ISBN 13 : 9046607623
Total Pages : 357 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis China and EU Antitrust Review of Refusal to License IPR by : Dr. Tiancheng Jiang

Download or read book China and EU Antitrust Review of Refusal to License IPR written by Dr. Tiancheng Jiang and published by Maklu. This book was released on 2015 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Striking a proper balance between unilateral exercise of intellectual property rights on the one hand and competition rules on the other hand is not an easy exercise. The right owners’ unilateral behaviour of refusal to license is one such delicate issue, particularly for China, considering that it has not been clarif ied within existing competition rules how to assess a right owner’s specif ic unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right owners’ refusal conduct might be considered as an infringement of EU competition rules. In general, Chinese competition law has been modelled after the EU competition rules. This book firstly examines the EU approaches on dominant undertakings’ refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to China’s anti-monopoly practice.

The Internet and the Emerging Importance of New Forms of Intellectual Property

Author : Susy Frankel
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041167900
Total Pages : 362 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Internet and the Emerging Importance of New Forms of Intellectual Property by : Susy Frankel

Download or read book The Internet and the Emerging Importance of New Forms of Intellectual Property written by Susy Frankel and published by Kluwer Law International B.V.. This book was released on 2016-05-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of intellectual property (IP). Not only do these rights generally have less solid normative footing and few if any well understood inherent limits, but the borders of their misappropriation are hard to draw. This groundbreaking book scrutinizes the existence of commonalities in this realm, and poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights. Sixteen distinguished contributors offer in-depth analyses of such rights as the following: - trade secrets; - image and publicity rights; - geographical indications; - traditional knowledge; - protection of databases; and - sports rights and ambush marketing. Recommendations and solutions investigated include the use of specialized courts or judges and of private standards. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a ‘norm laboratory’. Two chapters discuss the complexities of enforcement. Enforcement impacts substantive intellectual property and can be said to be its own ‘form’ of IP. Practitioners, judges, academics, and policymakers will all welcome this work and value it highly. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.

Patent Law in Global Perspective

Author : Ruth L. Okediji
Publisher : Oxford University Press, USA
ISBN 13 : 0199334277
Total Pages : 770 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Patent Law in Global Perspective by : Ruth L. Okediji

Download or read book Patent Law in Global Perspective written by Ruth L. Okediji and published by Oxford University Press, USA. This book was released on 2014 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This text addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries and various disciplines. The rich scholarship featured reflects on a wide range of perspectives, offering insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues that are at the forefront of efforts to reform the global patent system, and to reconfigure geo-political interests in on-going multilateral, trilateral, and bilateral initiatives".--

Pharmaceutical Innovation, Competition and Patent Law

Author : Josef Drexl
Publisher : Edward Elgar Publishing
ISBN 13 : 0857932462
Total Pages : 347 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Pharmaceutical Innovation, Competition and Patent Law by : Josef Drexl

Download or read book Pharmaceutical Innovation, Competition and Patent Law written by Josef Drexl and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public health, safety and access to reasonably priced medicine are common policy goals of pharmaceutical regulations. As both the context for innovation and competitive structure change, industry actors dynamically challenge the balance between the incentive for protection and the achievement of those policy goals. Considering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination. The contributors to this book, including academics, judges and practitioners from Europe, the US and Japan, explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicine and health care. Addressing fundamental questions in the field of pharmaceutical innovation, this book will appeal to scholars and practitioners in intellectual property, competition law and life sciences regulation, as well as pharmaceutical companies and regulators.

Constitutionalization of European Private Law

Author : Hans-W. Micklitz
Publisher : Collected Courses of the Acade
ISBN 13 : 0198712103
Total Pages : 289 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Constitutionalization of European Private Law by : Hans-W. Micklitz

Download or read book Constitutionalization of European Private Law written by Hans-W. Micklitz and published by Collected Courses of the Acade. This book was released on 2014 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do fundamental rights impact our rights and obligations in our contractual relations, and to what extent? Having integrated the Charter of Fundamental Rights into the Treaties of Rome and Lisbon, this book examines the effect these rights have on the position of EU citizens generally and in various fields of law, including private law.

Market Power and Intellectual Property Litigation

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Market Power and Intellectual Property Litigation by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property

Download or read book Market Power and Intellectual Property Litigation written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2001 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Technologie et concurrence – Technology and Competition

Author : Josef Drexl
Publisher : Armando Editore
ISBN 13 : 9782804435219
Total Pages : 774 pages
Book Rating : 4.4/5 (352 download)

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Book Synopsis Technologie et concurrence – Technology and Competition by : Josef Drexl

Download or read book Technologie et concurrence – Technology and Competition written by Josef Drexl and published by Armando Editore. This book was released on 2009 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hanns Ullrich, this highly renowned legal scholar, has had a tremendous influence on legal research and the development of the law in the fields of both Technology and Competition. His expertise dates back to the late 1970s and early 1980s, when he served as a member of the research staff at the Max Planck Institute for Intellectual Property in Munich. In 1985, he became professor of law at the "Universität der Bundeswehr", Munich, and finally, in 2000, professor at the european University Institute, florence. He has acted as visiting professor at a number of Universities around the worldincluding, in particular, the College of Europe, Bruges. The authors of the contributions in this book feel greatly indebted to Hanns Ullrich. Much earlier than others, he recognised and explained that, in the absence of pressure from competition, intellectual property will not be able to fulfil its mission of enhancing innovation. In concentrating on the fields of interest of this eminent scholar, the contributions address a number of the most burning issues of the regulation of intellectual property, competition law and, of course, the application of competition law to IP-related cases.