Antitrust Analysis Of Online Sales Platforms Copyright Limitations And Exceptions
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Antitrust Analysis Of Online Sales Platforms Copyright Limitations And Exceptions
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Author : Bruce Kilpatrick
language : en
Publisher: Springer
Release Date : 2018-07-03
Antitrust Analysis Of Online Sales Platforms Copyright Limitations And Exceptions written by Bruce Kilpatrick and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-03 with Law categories.
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 application of competition law to online sales platforms, which is increasingly a focus for anti-trust authorities around the world. A detailed international report explores which are the major challenges for competition law generated by the growth of online platforms. It provides an excellent comparative study of this complex and challenging subject. The second part of the book gathers contributions from various jurisdictions on the topic “To what extent do current exclusions and limitations to copyright strike a fair balance between the rights of owners and fair use by private individuals and others ?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting thevarious national provisions dealing with exceptions to copyright, amongst other things. 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.
Competition Law Analysis Of Price And Non Price Discrimination Abusive Ip Based Legal Proceedings
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Author : Pierre Kobel
language : en
Publisher: Springer Nature
Release Date : 2021-03-29
Competition Law Analysis Of Price And Non Price Discrimination Abusive Ip Based Legal Proceedings written by Pierre Kobel and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-29 with Law categories.
This book gathers national and international reports from around the globe on key issues in the field of antitrust and intellectual property. Its first part discusses to what extent competition law should be concerned with differences in prices, terms and conditions, or quality that suppliers offer different purchasers. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study on this complex and challenging subject. In turn, the second part examines whether there should be legal restrictions on the ability of persons who claim, without sufficient justification, to hold IP rights that have been infringed on, to bring, or to threaten to bring, legal proceedings based on such claims against their competitors or others. In this regard, the book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated on in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following debates 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.
The Copyright Competition Interaction Within The Eu
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Author : Dino Gliha
language : en
Publisher: Springer Nature
Release Date : 2025-07-09
The Copyright Competition Interaction Within The Eu written by Dino Gliha and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-09 with Law categories.
This book provides a comprehensive analysis of the copyright-competition interaction issue in the EU and provides a sustainable method of approach. The research identifies several approaches to the copyright-competition issue some of which were extensively applied in practice, while others were considered more theoretical. However, none of the discussed approaches has proved to be an adequate fundament to understanding the copyright-competition interaction issue, and there is still a considerable disagreement on how to deal with this matter. It is vital to start with the relationship between copyright law and competition law to overcome the flaws of the identified approaches. The issue can be elegantly settled through the existent principles of both laws. From the perspective of copyright law, the application of competition law is a limitation of the author's right in a broader sense originating outside of copyright law. From the perspective of competition law, the presence of copyright should be comprehended as a specific situation in which the focus should mainly be on the effects of copyright instead of allocation and productiveness; at the same time, the concept of authorship should be taken into consideration in the light of consumer welfare. Only after the fundamental approach to the copyright-competition interaction issue is settled is it possible to analyse specific situations further. In practice, several types of exercises have been recognised as the matter of the copyright-competition interaction. The research focuses on the interference between the exercise of copyright and competition rules on prohibited agreements (i.e. licensing practices) and abuse of dominant position (i.e. refusal to license copyright). Each situation is analysed separately based on the common understanding of the copyright-competition interaction issue and following the fundamental principles of copyright law and competition law. In doing so, a detailed critical analysis of the relevant case-law and literature is provided. After the analysis of the relevant case-law and doctrine for both situations are conducted, the research produces a specific approach and method of analysis specific for the copyright-competition interaction cases dealing under Article 101 and Article 102 TFEU. It should be noted that the approaches are primarily construed from the perspective of copyright civil law tradition and EU competition law, although such approach might as well be considered in other legal systems and traditions. In the end, a special view is given to the digital industry sector and the assessment of further potential developments in that field that might potentially fall under the scope of the copyright-competition interaction issue.
Antitrust In Data Driven Markets Legal Framework For Influencers Native Advertising And Control Over The Use Of Ai In Marketing
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Author : Bruce Kilpatrick
language : en
Publisher: Springer Nature
Release Date : 2022-12-07
Antitrust In Data Driven Markets Legal Framework For Influencers Native Advertising And Control Over The Use Of Ai In Marketing written by Bruce Kilpatrick and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-07 with Law categories.
This book gathers contributions from a broad range of jurisdictions, written by practitioners and academics alike, and offers an unparalleled comparative view of key issues in competition law, intellectual property and unfair competition law, with a specific focus on the use of personal data. The first part focuses on the role of competition law in shaping the digital economy. It discusses the use of personal data, the market power of platforms, the assessment of free services, and more broadly the responsibility of dominant companies in the smooth functioning of the digital economy. In turn, the second part sheds light on how the conduct of influencers, native advertising and the use of AI for marketing purposes can be controlled by the law, focusing on the use of personal data and the impact of behavioral advertising on consumers. In this regard, the book brings together the current legal responses across a number of European and other countries, all summarized and elaborated on in the form of two international reports. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Liability For Antitrust Law Infringements Protection Of Ip Rights In Distribution
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Author : Pranvera Këllezi
language : en
Publisher: Springer
Release Date : 2019-07-05
Liability For Antitrust Law Infringements Protection Of Ip Rights In Distribution written by Pranvera Këllezi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-05 with Law categories.
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.
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Author : Под ред. Синюкова В.Н., Егоровой М.А.
language : ru
Publisher: "Издательство ""Проспект"""
Release Date : 2019-08-20
written by Под ред. Синюкова В.Н., Егоровой М.А. and has been published by "Издательство ""Проспект""" this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-20 with Law categories.
В монографии рассматриваются вопросы, решение которых будет способствовать как развитию цифровой экономики и формированию новых правоотношений, так и реализации государственной политики по развитию конкуренции в высокотехнологичных секторах экономики. Обозначены основные направления дальнейшего совершенствования российского и зарубежного законодательства в сфере регулирования цифровой экономики. Работа подготовлена участниками международного круглого стола «Правовое регулирование цифровой экономики: вчера, сегодня, завтра», организованного редакцией журнала «Право и цифровая экономика» Московского государственного юридического университета имени О. Е. Кутафина (МГЮА) 22 февраля 2019 г. Предназначена для преподавателей, научных и практических работников, работников органов государственной власти, юристов, адвокатов, судей, студентов, магистрантов, аспирантов и докторантов, а также для всех, кто интересуется проблемами регулирования цифровой экономики. Ключевые слова: цифровая экономика, цифровые права, криптовалюта, конкуренция, биткоин, блокчейн, токены, большие данные, антимонопольный процесс, цифровые активы, цифровые закупки.
The Future Of Antitrust
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Author : Priscila Brolio Gonçalves
language : pt-BR
Publisher: Editora Singular
Release Date : 2021-10-10
The Future Of Antitrust written by Priscila Brolio Gonçalves and has been published by Editora Singular this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-10 with Law categories.
The book has been organized in five sections. The first one deals with goals of antitrust law and policy in the digital area, as well as legal tools and economic analysis. Authors discuss the inclusion of objectives beyond economic welfare in competition policies in the US, Europe and Brazil; consumer choice under the consumer welfare standard; the revival and the role of behavioral economics in antitrust; particularities (or not) of competition in digital markets and multi-sided digital platforms; and data protection (in opposition to data itself) as a potential valuable tool to antitrust analysis. The second Section of the book is dedicated to merger control, including articles for and against the adjustment of notification thresholds in Brazil; the question about scrutinizing killer acquisitions; the discussion concerning the need of a "new merger analysis" for digital markets; bankruptcy and a screening test for failing firm defense; and trends based in CADE's caselaw, including relevant market definition, complexity declaration, associative agreements, the health industry and the very recent Boeing-Embraer case. The third Section is about behavior control and is divided into three chapters, beginning with papers applicable to all types of conducts. Contributors discuss tendencies and modifications in the antitrust analysis of competitive behavior in digital markets, and procedural flaws and how to correct them. Among horizontal behavior, authors analyze price algorithms, labor related practices such as wage fixing and non-poaching agreements, hub and spoke infringements and exchange of sensitive information. The reviewing of consequences and concerns related to the hypothetical knock out of a leniency agreement closes this chapter. Among unilateral conducts, articles approach trends based on recent CADE's precedents, and specific practices such as on-line bans, geoblocking and geopricing, bundled payments in the health care industry and the Google shopping case. Section four is dedicated to competition advocacy and antitrust policy in specifically regulated markets. Authors deal with CADE's role in the pandemic; new regulatory proceedings issued by the Secretariat of Economic Law (SEAE); clauses constraining market shares in public biddings; competition policy in the cryptocurrency market; open banking; and competition in the Brazilian payments industry. Last but not least, Section five approaches antitrust litigation, ranging from private actions for antitrust damages – the relation between public enforcement and private actions; perspectives; disclosure of relevant materials and information, including in connection to leniency agreements; pass-on-defense – to arbitration in antitrust disputes and specialized courts. The final result is a very important and interesting book, comprising high valued opinions and personal views on a vast set of contemporary subjects. We congratulate all contributors and hope readers enjoy this journey!
Collective Management Of Music Copyright
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Author : Qinqing Xu
language : en
Publisher: Taylor & Francis
Release Date : 2023-04-17
Collective Management Of Music Copyright written by Qinqing Xu and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-17 with Law categories.
Two of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members’ rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas. The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs’ monopoly, members’ rights in the organisations, and international cooperation between these CMOs. Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators’ interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC’s monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.
The Routledge Handbook Of Eu Copyright Law
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Author : Eleonora Rosati
language : en
Publisher: Routledge
Release Date : 2021-04-21
The Routledge Handbook Of Eu Copyright Law written by Eleonora Rosati and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-21 with Law categories.
The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: on the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, the copyright framework of individual EU Member States. This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.
Intellectual Property Law And Policy Volume 12
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Author : Hugh Hansen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-05-22
Intellectual Property Law And Policy Volume 12 written by Hugh Hansen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-22 with Law categories.
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.