Refusals To License Intellectual Property

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Refusals to License Intellectual Property

Author : Ian Eagles
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318215
Total Pages : 210 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Refusals to License Intellectual Property by : Ian Eagles

Download or read book Refusals to License Intellectual Property written by Ian Eagles and published by Bloomsbury Publishing. This book was released on 2011-12-15 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic analysis rarely appears on the judicial horizon in intellectual property litigation. In competition cases, by contrast, economists are familiar figures in the courtroom and the language of economics is scattered throughout the judgments of even the highest courts. One might expect, therefore, that refusals to license intellectual property would generate the same fruitful symbiosis between law and economics when those refusals surface in competition proceedings. This however, has not been how the law on this subject has developed in most jurisdictions. Courts and enforcement agencies faced with a unilateral refusal to license have instead tended to retreat into sketchily articulated black letter rules and presumptions which then have to be fenced off from the rest of competition law by economically irrelevant qualifications and distinctions based on private law categorisations of, and rationales for, individual intellectual property rights. This bypassing of case-by-case analysis in favour of more traditional modes of legal reasoning is not entirely the fault of lawyers. Economists have contributed to this state of affairs by urging judges and regulators to convert empirically undernourished theories about the proper role of intellectual property in a market economy into rules of law and evidentiary presumptions intended to be binding in future cases. How this came about and what it means for the future of effective competition enforcement globally are the twin concerns of this book.

Concerted Refusals to License Intellectual Property Rights

Author : Christina Bohannan
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Concerted Refusals to License Intellectual Property Rights by : Christina Bohannan

Download or read book Concerted Refusals to License Intellectual Property Rights written by Christina Bohannan and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unilateral refusals to license intellectual property rights are almost never antitrust violations, as is true of most unilateral refusals to deal. Concerted refusals to deal are treated more harshly under the antitrust laws because they can facilitate collusion or, in the case of technology, keep superior products or processes off the market. In its en banc Princo decision a divided Federal Circuit debated whether Congress had protected concerted refusals to license from claims of patent misuse. The majority rejected the dissent's argument that Congress had no such intent and then went on to hold that an alleged concerted refusal to license was not misuse. This conclusion is troublesome because in its Independent Ink decision the Supreme Court virtually equated the scope of antitrust liability with the scope of misuse as defined by §271(d). Broad legality for concerted refusals to license patents, and unused patents in particular, has serious implications for competition and innovation. A concerted refusal to license a factory or other productive asset can facilitate collusion by denying resources to rivals unless they can find alternative sources of supply. A concerted refusal to license an unused patent can go much further. Not only does it deny rivals that particular technology but it also prevents them from developing any technology independently that would infringe one or more of that patent's claims. Of course, not every concerted refusal to license should be unlawful per se. In antitrust, they are appropriately covered by the ancillary restraints doctrine. Naked agreements not to license are unlawful per se, while refusals reasonably necessary to further joint research or production would be unlawful only if market power and anticompetitive effects were proven. By contrast, reading §271(d) of the Patent Act to authorize all concerted refusals is likely to harm both competition and the incentive to innovate.

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.

Refusals to License Intellectual Property

Author : American Bar Association. Meeting
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (418 download)

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Book Synopsis Refusals to License Intellectual Property by : American Bar Association. Meeting

Download or read book Refusals to License Intellectual Property written by American Bar Association. Meeting and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intellectual Property Rights in Industry-sponsored University Research

Author :
Publisher : National Academies
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.1/5 (181 download)

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Book Synopsis Intellectual Property Rights in Industry-sponsored University Research by :

Download or read book Intellectual Property Rights in Industry-sponsored University Research written by and published by National Academies. This book was released on 1993-01-15 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1988, a Roundtable committee, in conjunction with the Industrial Research Institute, developed a set of model agreements to streamline the negotiation process. The intent was that these models would decrease the time and effort needed to develop a research agreement, as well as provide a starting point for companies and universities new to negotiating agreements. In general, the models were well received by the academic and industrial communities. However, one concern, intellectual property rights, continues to pose significant hurdles to successful negotiation. Intellectual Property Rights in Industry-Sponsored University Research: Guide to Alternatives for Research Agreements identifies the contentious issues related to intellectual property rights and develops contract language that makes it easier to negotiate agreements for industry-sponsored university research. This report clarifies issues that cross institutional boundaries when university-industry research agreements are negotiated.

Refusal to License Intellectual Property Rights as Abuse of Dominance

Author : Claudia Schmidt
Publisher : Schriften zur Politischen Ökonomik / Political Economics
ISBN 13 : 9783631610015
Total Pages : 0 pages
Book Rating : 4.6/5 (1 download)

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Book Synopsis Refusal to License Intellectual Property Rights as Abuse of Dominance by : Claudia Schmidt

Download or read book Refusal to License Intellectual Property Rights as Abuse of Dominance written by Claudia Schmidt and published by Schriften zur Politischen Ökonomik / Political Economics. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Refusal to license intellectual property rights (IPRs) are an ongoing topic within the enforcement of Article 102 TFEU (ex Article 82 EC). Nevertheless, so far an economic founded instrument to analyse these cases is missing. To close this gap, the Innovation Effects and Appropriability Test will be developed throughout this book. Innovation research has been showing that firms rely on more appropriation mechanisms than only IPRs. The availability of these alternative instruments depends on the involved technologies, the kind of innovation, the concerned industry and so on. Consequently, it is in the centre of the Innovation Effects and Appropriability Test to analyse whether the dominant firm could rely on other appropriation instruments to protect its innovation and to recoup its investments in R&D.

The Federal Antitrust Guidelines for the Licensing of Intellectual Property

Author :
Publisher : American Bar Association
ISBN 13 : 9781590310793
Total Pages : 158 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Federal Antitrust Guidelines for the Licensing of Intellectual Property by :

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.

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.

Refusals to License Intellectual Property

Author : Ian Eagles
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318509
Total Pages : 298 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Refusals to License Intellectual Property by : Ian Eagles

Download or read book Refusals to License Intellectual Property written by Ian Eagles and published by Bloomsbury Publishing. This book was released on 2011-12-15 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic analysis rarely appears on the judicial horizon in intellectual property litigation. In competition cases, by contrast, economists are familiar figures in the courtroom and the language of economics is scattered throughout the judgments of even the highest courts. One might expect, therefore, that refusals to license intellectual property would generate the same fruitful symbiosis between law and economics when those refusals surface in competition proceedings. This however, has not been how the law on this subject has developed in most jurisdictions. Courts and enforcement agencies faced with a unilateral refusal to license have instead tended to retreat into sketchily articulated black letter rules and presumptions which then have to be fenced off from the rest of competition law by economically irrelevant qualifications and distinctions based on private law categorisations of, and rationales for, individual intellectual property rights. This bypassing of case-by-case analysis in favour of more traditional modes of legal reasoning is not entirely the fault of lawyers. Economists have contributed to this state of affairs by urging judges and regulators to convert empirically undernourished theories about the proper role of intellectual property in a market economy into rules of law and evidentiary presumptions intended to be binding in future cases. How this came about and what it means for the future of effective competition enforcement globally are the twin concerns of this book.

A New Approach to Resolving Refusal to License Intellectual Property Rights Disputes

Author : Kelvin Hiu Fai Kwok
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis A New Approach to Resolving Refusal to License Intellectual Property Rights Disputes by : Kelvin Hiu Fai Kwok

Download or read book A New Approach to Resolving Refusal to License Intellectual Property Rights Disputes written by Kelvin Hiu Fai Kwok and published by . This book was released on 2014 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article proposes a new approach to resolving the conundrum of a monopolist refusing to license intellectual property rights to a competitor, one of the most complex issues at the interface between intellectual property and competition law. It reviews the approaches adopted by the competition authorities in both the European Union and United States when confronted with this perplexing issue, and argues that the extreme positions they took - either that competition should trump intellectual property rights (IPRs) or that IPRs should trump competition - were mistakenly simplistic. The article proceeds to argue that the preferred approach is to strike an appropriate balance between anticompetitive effects and procompetitive effects of a refusal to license, and accordingly allocative efficiency losses and dynamic efficiency gains. A substantial part of this article is devoted to a proposed framework illustrating how the balance can be struck, emphasizing how the refusal at issue interacts with various circumstantial factors such as market power, network effects, monopoly leveraging, predatory intent, degree of follow-on innovation, and the causal connection between IPR protection and innovation incentives. Reference will be made to precedents from the European Union (Magill, IMS, and Microsoft) and United States (Kodak and Xerox) in explaining how the framework works in practice.

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:

Intellectual Property

Author : Geoff Adams
Publisher :
ISBN 13 :
Total Pages : 45 pages
Book Rating : 4.:/5 (516 download)

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Book Synopsis Intellectual Property by : Geoff Adams

Download or read book Intellectual Property written by Geoff Adams and published by . This book was released on 2001 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Licensing of Intellectual Property

Author : Jay Dratler
Publisher : Law Journal Press
ISBN 13 : 9781588520647
Total Pages : 992 pages
Book Rating : 4.5/5 (26 download)

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Book Synopsis Licensing of Intellectual Property by : Jay Dratler

Download or read book Licensing of Intellectual Property written by Jay Dratler and published by Law Journal Press. This book was released on 2023-12-28 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the definitive treatise in the field. It provides in-depth coverage of not only standard contract provisions, but also the intellectual property, antitrust, misuse, and more.

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:

Refusals to License Intellectual Property

Author : Anna Yi Ting Leung
Publisher :
ISBN 13 :
Total Pages : 82 pages
Book Rating : 4.:/5 (156 download)

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Book Synopsis Refusals to License Intellectual Property by : Anna Yi Ting Leung

Download or read book Refusals to License Intellectual Property written by Anna Yi Ting Leung and published by . This book was released on 2006 with total page 82 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.

Refusal to License Intellectual Property Rights Under Article 82 EC in Light of Standardization Context

Author : Liguo Zhang
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Refusal to License Intellectual Property Rights Under Article 82 EC in Light of Standardization Context by : Liguo Zhang

Download or read book Refusal to License Intellectual Property Rights Under Article 82 EC in Light of Standardization Context written by Liguo Zhang and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines whether the current EU competition law regarding refusal to license intellectual property rights can effectively deal with access to industry common standards that may embrace proprietary intellectual property rights. It finds even though intellectual property rights as such do not confer dominant position to their owners in the market, industry standards that embrace technologies covered by IPRs may add substantial value to these IPRs. The combination of industry standards and IPRs may create a dominant position in the market. The paper suggests that the approach based on the complementary interaction between intellectual property law and competition law be introduced to address the refusal to license IPRs problems in terms of industry standards, especially the over-exploiting intellectual property should be taken into account when to determine the existence of abuse of dominant position.