Ip And Antitrust

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IP and Antitrust

Author : Herbert Hovenkamp
Publisher : Aspen Publishers
ISBN 13 : 9780735575486
Total Pages : 2096 pages
Book Rating : 4.5/5 (754 download)

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Book Synopsis IP and Antitrust by : Herbert Hovenkamp

Download or read book IP and Antitrust written by Herbert Hovenkamp and published by Aspen Publishers. This book was released on 2009-12-18 with total page 2096 pages. Available in PDF, EPUB and Kindle. Book excerpt: The leading reference that focuses on the intersection of the areas of IP and antitrust enables you to factor antitrust considerations into the drafting and review of intellectual property licensing arrangements, maximizing the commercial value of intellectual property rights, and minimizing antitrust risks. IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Second Edition is a two-volume reference that focuses on the intersection of the areas of IP and antitrust. While intellectual property licensing arrangements are typically pro-competitive, antitrust concerns may nonetheless arise. Licensing arrangements raise concerns under the antitrust laws if they are likely to adversely affect the prices, quantities, qualities or varieties of goods and services -- either currently or potentially available. The Justice Department's rekindled interest in intellectual property licensing arrangements now requires that companies factor antitrust considerations into the drafting and review of intellectual property licensing arrangements. Thus, licensing agreements involving intellectual property must now be drafted with two considerations in mind: maximizing the commercial value of intellectual property rights, and minimizing antitrust risks IP and Antitrust is the first comprehensive resource that fully examines intellectual property from an antitrust perspective, to help you steer clear of unexpected problems. It provides a sophisticated discussion of intellectual property law not currently available in the antitrust treatises on the market today, including Areeda and Hovenkamp's Antitrust Law treatise.

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.

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, Antitrust and Cumulative Innovation in the EU and the US

Author : Thorsten Käseberg
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319572
Total Pages : 330 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 330 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.

Patent Misuse and Antitrust Law

Author : Daryl Lim
Publisher : Edward Elgar Publishing
ISBN 13 : 0857930184
Total Pages : 510 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Patent Misuse and Antitrust Law by : Daryl Lim

Download or read book Patent Misuse and Antitrust Law written by Daryl Lim and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before.

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.

The Interplay Between Competition Law and Intellectual Property

Author : Gabriella Muscolo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186905
Total Pages : 566 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Interplay Between Competition Law and Intellectual Property by : Gabriella Muscolo

Download or read book The Interplay Between Competition Law and Intellectual Property written by Gabriella Muscolo and published by Kluwer Law International B.V.. This book was released on 2019-01-17 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields

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.

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:

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.

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.

Brands, Competition Law and IP

Author : Deven R. Desai
Publisher : Cambridge University Press
ISBN 13 : 1107103460
Total Pages : 281 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Brands, Competition Law and IP by : Deven R. Desai

Download or read book Brands, Competition Law and IP written by Deven R. Desai and published by Cambridge University Press. This book was released on 2015-07-20 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces the emerging field of brand law and explores its interaction with the economics of modern branding.

Antitrust and Patent Law

Author : Alan James Devlin
Publisher : Oxford University Press, USA
ISBN 13 : 9780198728979
Total Pages : 0 pages
Book Rating : 4.7/5 (289 download)

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Book Synopsis Antitrust and Patent Law by : Alan James Devlin

Download or read book Antitrust and Patent Law written by Alan James Devlin and published by Oxford University Press, USA. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a practitioner guide to the interface between antitrust and intellectual property, examining the law in both the United States and the European Union.

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 and Competition Law

Author : Steven Anderman
Publisher : OUP Oxford
ISBN 13 : 9780199589951
Total Pages : 0 pages
Book Rating : 4.5/5 (899 download)

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Book Synopsis Intellectual Property and Competition Law by : Steven Anderman

Download or read book Intellectual Property and Competition Law written by Steven Anderman and published by OUP Oxford. This book was released on 2011-02-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the relationship between intellectual property and competition law with a particular focus on European law, this book highlights areas emerging new frontiers.

Competition and Patent Law in the Pharmaceutical Sector

Author : Giovanni Pitruzzella
Publisher : Kluwer Law International
ISBN 13 : 9789041159274
Total Pages : 0 pages
Book Rating : 4.1/5 (592 download)

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Book Synopsis Competition and Patent Law in the Pharmaceutical Sector by : Giovanni Pitruzzella

Download or read book Competition and Patent Law in the Pharmaceutical Sector written by Giovanni Pitruzzella and published by Kluwer Law International. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Editors --Contributors --Foreword --Preface --Pharmaceutical Patents and Competition Issues --What Is Going on in National Systems?

Antitrust Guidelines for the Licensing of Intellectual Property

Author : U. S. Department Of Justice
Publisher : Franklin Classics Trade Press
ISBN 13 : 9780353177758
Total Pages : 34 pages
Book Rating : 4.1/5 (777 download)

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Book Synopsis Antitrust Guidelines for the Licensing of Intellectual Property by : U. S. Department Of Justice

Download or read book Antitrust Guidelines for the Licensing of Intellectual Property written by U. S. Department Of Justice and published by Franklin Classics Trade Press. This book was released on 2018-11-10 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.