Intellectual Property Rights and Competition in Standard Setting

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Author :
Publisher : Routledge
ISBN 13 : 131737665X
Total Pages : 277 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Intellectual Property Rights and Competition in Standard Setting by : Valerio Torti

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 277 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.

Complications and Quandaries in the ICT Sector

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Author :
Publisher : Springer
ISBN 13 : 9811060118
Total Pages : 218 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Complications and Quandaries in the ICT Sector by : Ashish Bharadwaj

Download or read book Complications and Quandaries in the ICT Sector written by Ashish Bharadwaj and published by Springer. This book was released on 2017-10-27 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY 4.0 license. With technology standards becoming increasingly common, particularly in the information and communications technology (ICT) sector, the complexities and contradictions at the interface of intellectual property law and competition law have emerged strongly. This book talks about how the regulatory agencies and courts in the United States, European Union and India are dealing with the rising allegations of anti-competitive behaviour by standard essential patent (SEP) holders. It also discusses the role of standards setting organizations / standards developing organizations (SSO/SDO) and the various players involved in implementing the standards that influence practices and internal dynamics in the ICT sector. This book includes discussions on fair, reasonable and non-discriminatory (FRAND) licensing terms and the complexities that arise when both licensors and licensees of SEPs differ on what they mean by “fair”, “reasonable” and “non-discriminatory” terms. It also addresses topics such as the appropriate royalty base, calculation of FRAND rates and concerns related to FRAND commitments and the role of Federal Trade Commission (FTC) in collaborative standard setting process. This book provides a wide range of valuable information and is a useful tool for graduate students, academics and researchers.

Multi-dimensional Approaches Towards New Technology

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Author :
Publisher : Springer
ISBN 13 : 981131232X
Total Pages : 350 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Multi-dimensional Approaches Towards New Technology by : Ashish Bharadwaj

Download or read book Multi-dimensional Approaches Towards New Technology written by Ashish Bharadwaj and published by Springer. This book was released on 2018-07-23 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.

Intellectual Property and Competition Law

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Author :
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.

The Role of Standard-setting Organizations with Regard to Balancing the Rights Between the Owners and the Users of Standard-essential Patents

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Author :
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783848723287
Total Pages : 0 pages
Book Rating : 4.7/5 (232 download)

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Book Synopsis The Role of Standard-setting Organizations with Regard to Balancing the Rights Between the Owners and the Users of Standard-essential Patents by : Jurgita Randakevičiūtė

Download or read book The Role of Standard-setting Organizations with Regard to Balancing the Rights Between the Owners and the Users of Standard-essential Patents written by Jurgita Randakevičiūtė and published by Nomos Verlagsgesellschaft. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standard-setting is an essential tool for promoting innovation, competition and resulting in benefits to consumers and businesses. However, due to the fact, that standards are usually protected by standard-essential patents (SEPs), standard-setting may obstruct the access to the standardized technology and create entry barriers into the market for those, who do not own SEPs. The afore-described events cause tension between the owners and the users of SEPs. In order to keep the balance between the afore-specified parties, standard-setting organizations (SSPs) come into play by requiring SEPs owners to license these patents on fair, reasonable and non-discriminatory (FRAND) terms. Nevertheless, the latter attempt quite often results in costly and time-consuming litigation, because the parties are not able to agree what kind of terms are FRAND. Such situation inevitably impedes the implementation of the standardized technology into industries and calls for a re-consideration of the role of SSOs during the process of standardization and after the standard is set. In this work, the possible role of SSOs while improving the access for the users to the standardized technology will be discussed.

Standard-Setting Organisations’ IPR Policies

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Author :
Publisher : Springer Nature
ISBN 13 : 9811926239
Total Pages : 227 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Standard-Setting Organisations’ IPR Policies by : Manveen Singh

Download or read book Standard-Setting Organisations’ IPR Policies written by Manveen Singh and published by Springer Nature. This book was released on 2022-07-19 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique insight into the world of standard-setting organizations (SSOs)’ IPR policies and the role they play in balancing the interests of innovators and implementers, vis-à-vis the development of standards. Since the beginning of the 21st century, there have been quite a few questions asked of the SSOs as to the legality of their IPR policies and the enforceability of disclosure and licensing obligations enshrined therein. That, coupled with disagreements over the appropriate royalty rate and royalty base, has resulted in extensive litigation between innovators and implementers, especially across the Atlantic. The Book, in keeping the USA and EU as the two primary jurisdictions, offers a comprehensive analysis of the disclosure and licensing obligations under SSO IPR policies, with strong theoretical foundations justifying their imposition. More specifically, it offers a bird’s eye view of the various facets of disclosure and licensing, ranging from non-disclosure and transparency on one hand, to the determination of FRAND on the other. While much has been said about the benefits arising out of collaborative standard-setting, disputes involving SEP licensing have not been limited to the courts, and have attracted a significant amount of scrutiny by competition/antitrust agencies. The Book provides an elaborate account of the anti-competitive concerns surrounding standard-setting, and further documents the role of courts and competition agencies in ensuring good faith licensing negotiations between the SEP holders and implementers. Despite largely focusing on SEP licensing disputes in the USA and EU, the Book also offers a dedicated chapter on standard-setting in the Indian context. The readers are presented with an in-depth discussion on the contrasting approaches adopted by the courts and the Competition Commission of India (CCI), in addressing disputes involving SEPs. The said discussion is supplemented by a careful analysis of the SEP licensing guidelines to have emerged out of other implementer-oriented economies like China and Japan. By doing so, the Book offers readers the opportunity to study and compare the SEP licensing framework in developed, as well as developing economies. SSO IPR policies play an integral role in the development of standards, and with technologies such as the Internet of Things and 5G knocking on the doors, the Book makes for a valuable study on the nuances of standard-setting through the lens of SSOs, and will find takers among a wide reader base of students, researchers, academics, law practitioners, corporates, and policy makers.

The Interface Between Intellectual Property Rights and Competition Policy

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139462695
Total Pages : 547 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Interface Between Intellectual Property Rights and Competition Policy by : Steven D. Anderman

Download or read book The Interface Between Intellectual Property Rights and Competition Policy written by Steven D. Anderman and published by Cambridge University Press. This book was released on 2007-05-10 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to examine the experience of a number of countries in grappling with the problems of reconciling the two fields of competition policy and intellectual property rights. The first part of the book indicates the variation in legislative models as well as the wide variety of judicial and administrative doctrines that have been used. The jurisdictions selected for study are the three major trading blocks with the longest experience of case law (the EU, the USA and Japan) and three less populous countries with open economies (Australia, Ireland and Singapore). In the second part of the book we look at a number of issues closely related to the interface between competition law and intellectual property rights. Separate chapters analyse the issue of parallel trading and exhaustion of IPRs, the issue of technology transfer, and the economics of the interface between intellectual property and competition law.

Competition Policy and Intellectual Property in Today's Global Economy

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108160220
Total Pages : 925 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Competition Policy and Intellectual Property in Today's Global Economy by : Robert D. Anderson

Download or read book Competition Policy and Intellectual Property in Today's Global Economy written by Robert D. Anderson and published by Cambridge University Press. This book was released on 2021-08-05 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.

Patent Challenges for Standard-Setting in the Global Economy

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Author :
Publisher : National Academies Press
ISBN 13 : 0309293154
Total Pages : 181 pages
Book Rating : 4.3/5 (92 download)

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Book Synopsis Patent Challenges for Standard-Setting in the Global Economy by : National Research Council

Download or read book Patent Challenges for Standard-Setting in the Global Economy written by National Research Council and published by National Academies Press. This book was released on 2013-10-07 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent Challenges for Standard-Setting in the Global Economy: Lessons from Information and Communication Technology examines how leading national and multinational standard-setting organizations (SSOs) address patent disclosures, licensing terms, transfers of patent ownership, and other issues that arise in connection with developing technical standards for consumer and other microelectronic products, associated software and components, and communications networks including the Internet. Attempting to balance the interests of patent holders, other participants in standard-setting, standards implementers, and consumers, the report calls on SSOs to develop more explicit policies to avoid patent holdup and royalty-stacking, ensure that licensing commitments carry over to new owners of the patents incorporated in standards, and limit injunctions for infringement of patents with those licensing commitments. The report recommends government measures to increase the transparency of patent ownership and use of standards information to improve patent quality and to reduce conflicts of laws across countries.

EU Competition Law and Intellectual Property Rights

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178100689X
Total Pages : 555 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis EU Competition Law and Intellectual Property Rights by : Pat Treacy

Download or read book EU Competition Law and Intellectual Property Rights written by Pat Treacy and published by Edward Elgar Publishing. This book was released on 2024-07-05 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative book from one of the top experts in the field sets out a detailed and practical analysis of the complex and often fraught relationship between EU competition rules and intellectual property rights. It is an essential resource for competition lawyers litigating Tech and Pharma cases and advising companies in those sectors, for in-house counsel within those industries, and for IP lawyers needing to understand the competition aspects of licensing agreements. It is also an indispensable reference for courts, enforcement agencies and national competition authorities, as well as for scholars researching in the field.

Competition Law and Standard Essential Patents

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Author :
Publisher :
ISBN 13 : 9789041149602
Total Pages : 0 pages
Book Rating : 4.1/5 (496 download)

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Book Synopsis Competition Law and Standard Essential Patents by : Urska Petrovic

Download or read book Competition Law and Standard Essential Patents written by Urska Petrovic and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction --Standards and Standard Essential Patents --The Interplay between Intellectual Property Rights and Competition Law --The SEP Owner's Market Power --Deceptive Conduct during the Standardization Process --Strategic Licensing Practices --Interim Observations: Divergences, Legal Gaps, and Legal Uncertainty --Antitrust Remedies --Mechanisms Preventing Disputes in the SEP Context: The Informal Antitrust Intervention --Conclusion.

Global Dimensions of Intellectual Property Rights in Science and Technology

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Author :
Publisher : National Academies Press
ISBN 13 : 0309048338
Total Pages : 457 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis Global Dimensions of Intellectual Property Rights in Science and Technology by : National Research Council

Download or read book Global Dimensions of Intellectual Property Rights in Science and Technology written by National Research Council and published by National Academies Press. This book was released on 1993-02-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.

Patents and Standards

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Publisher :
ISBN 13 : 9781682673348
Total Pages : 0 pages
Book Rating : 4.6/5 (733 download)

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Book Synopsis Patents and Standards by : Michael Drapkin (Lawyer)

Download or read book Patents and Standards written by Michael Drapkin (Lawyer) and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Part I [of this book] looks at the history, organizations, and policy considerations involved in setting standards. Part II offers best practices for patent prosecution and portfolio development for standards-related technology, including interfacing with engineers, portfolio development, preparation of SEPs, claiming strategies, and prosecution in the U.S. and other countries. Part III examines licensing and litigation issues for patents and standards, including FRAND licensing, antitrust issues, and litigation forum selection and remedies. Contributing authors provide their perspectives on the key issues in this complicated and contentious area, and offer practical guidance, charts, tables, timelines, practice tips, and more."--

The Role of Standard-Setting Organizations with Regard to Balancing the Rights Between the Owners and the Users of Standard-Essential Patents

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Author :
Publisher : Nomos Verlag
ISBN 13 : 3845264276
Total Pages : 67 pages
Book Rating : 4.8/5 (452 download)

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Book Synopsis The Role of Standard-Setting Organizations with Regard to Balancing the Rights Between the Owners and the Users of Standard-Essential Patents by : Jurgita Randakeviciúte

Download or read book The Role of Standard-Setting Organizations with Regard to Balancing the Rights Between the Owners and the Users of Standard-Essential Patents written by Jurgita Randakeviciúte and published by Nomos Verlag. This book was released on 2015-06-26 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standardisierung ist ein wesentliches Instrument zur Förderung von Innovation und Wettbewerb, was wiederum sowohl Verbrauchern als auch Unternehmen zu Gute kommt. Doch aufgrund der Tatsache, dass die Normen in der Regel durch Standardessentielle Patente (SEP) geschützt sind, kann die Standardisierung den Zugriff auf die Technologie behindern und denjenigen den Eintritt in den Markt erschweren, die nicht Patentinhaber sind. Normungsorganisationen (SSPs) haben die Aufgabe das Gleichgewicht zwischen den Patentinhabern und den Nutzern herzustellen. Die Patentinhaber sollen von den Nutzern eines Standards Gebühren erhalten, die die Akzeptanz des Standards nicht unnötig gefährden. Recht häufig kommt es zu kostspieligen und zeitraubenden Rechtsstreitigkeiten, weil die Parteien nicht in der Lage sind, angemessene und nicht diskriminierende Lizenzbedingungen (FRAND) zu vereinbaren. Eine solche Situation behindert zwangsläufig die Umsetzung der standardisierten Technologie und führt zu der Frage, welche Funktion die SSOs während des Standardisierungsprozesses und bei der Festlegung des Standards haben.

Intellectual Property Law and Policy Volume 12

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251189
Total Pages : 488 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Intellectual Property Law and Policy Volume 12 by : Hugh Hansen

Download or read book Intellectual Property Law and Policy Volume 12 written by Hugh Hansen and published by Bloomsbury Publishing. This book was released on 2013-05-22 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the 17th Annual volume in the series collecting the presentations and discussion from the Annual Fordham IP Conference. The contributions, by leading world experts, analyse the most pressing issues in copyright, trademark and patent law as seen from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its predecessors, makes a valuable and lasting contribution to the discourse in IP law, as well as trade and competition law. The contents, while always informative, are also critical and questioning of new developments and policy concerns. Praise for the series: "This must be one of the most enjoyable and thought-provoking conferences in the IP field. The high quality of the speakers is matched by the intense, audience-led debates and challenges which follow." The Honourable Mr Justice Laddie, Royal Courts of Justice, London "Faculty for this conference are always well-known 'names', well respected leaders in their fields, speaking with a combination of candor and timeliness that is unrivaled by any other forum of its kind." Honorable Marybeth Peters, Register of Copyrights, United States Copyright Office.

Patent Remedies and Complex Products

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108426751
Total Pages : 379 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Patent Remedies and Complex Products by : C. Bradford Biddle

Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.

Antitrust Enforcement & Intellectual Property Rights: Promoting Innovation & Competition

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Author :
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: