Brands Competition Law And Ip
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Brands Competition Law And Ip
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Author : Deven R. Desai
language : en
Publisher:
Release Date : 2015
Brands Competition Law And Ip written by Deven R. Desai and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Brand name products--Law and legislation--Congresses categories.
Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Contrary to the law's conception of trademarks, brands are used to indicate far more than source and/or quality. This volume begins the process of broadening the legal understanding of brands by explaining what brands are and how they function, how trademark and antitrust/competition law have misunderstood brands, and the implications of continuing to ignore the role brands play in business competition. This is the first book to engage with the topic from an interdisciplinary perspective, hence it will be a must-have for all those interested in the phenomenon of brands and how their function is recognized by the legal system. The book integrates both a competition and an intellectual property law dimension and explores the regulatory environment and case law in both Europe and the United States.
L Arbre Pi Ce De Nino D Introna
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Author :
language : en
Publisher:
Release Date : 2005
L Arbre Pi Ce De Nino D Introna written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
Brands Competition Law And Ip
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Author : Deven R. Desai
language : en
Publisher: Cambridge University Press
Release Date : 2015-07-20
Brands Competition Law And Ip written by Deven R. Desai and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-20 with Business & Economics categories.
Introduces the emerging field of brand law and explores its interaction with the economics of modern branding.
The Interplay Between Competition Law And Intellectual Property
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Author : Gabriella Muscolo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-01-17
The Interplay Between Competition Law And Intellectual Property written by Gabriella Muscolo and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-17 with Law categories.
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
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.
Intellectual Property And Competition Law
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Author : Peter Chrocziel
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-05-15
Intellectual Property And Competition Law written by Peter Chrocziel and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-15 with Law categories.
Inevitably, every marketed product or service can always be located at the intersection of intellectual property law and competition law, a nexus rife with potential problems throughout the ‘life’ of an intellectual property (IP) right. This important book is the first to focus in depth on this intersection in the European context, masterfully elucidating the consequences for IP rights owners from the right’s inception to its transfer, sale, or demise. The authors describes and analyses the following topics and more in detail: • characteristics, purpose and theoretical justifications of IP rights; • obtaining, maintaining, and exploiting an IP right; • effects of provisions of European competition law regarding cartels, block exemptions, abuse of dominant position, free movement of goods, and merger control; • competition between originator companies and generic companies; • licensing, especially the problem of refusal to grant a license; and • enforcement of an IP right. The book analyses all major cases affecting aspects of the intersection, supported by an examination of the historical background and political influence concerning the two areas of European law. There are also special chapters on the prominent and influential national legal systems of Germany, the United States, China, The Netherlands, and the United Kingdom. An annex provides texts of the major antitrust regulations dealing with European IP rights. As a ‘biography’ of IP rights focusing on areas of entanglement with European competition law, this book is without peer. Its clear-sighted view of the status quo and emerging trends in the two fields will be of immeasurable value to practitioners, policymakers, and academics dealing with issues at the intersection of intellectual property law and competition law in Europe and elsewhere.
Intellectual Property Competition Law And Economics In Asia
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Author : R Ian McEwin
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-10-07
Intellectual Property Competition Law And Economics In Asia written by R Ian McEwin and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-07 with Law categories.
This book results from a conference held in Singapore in September 2009 that brought together distinguished lawyers and economists to examine the differences and similarities in the intersection between intellectual property and competition laws in Asia. The prime focus was how best to balance these laws to improve economic welfare. Countries in Asia have different levels of development and experience with intellectual property and competition laws. Japan has the longest experience and now vigorously enforces both competition and intellectual property laws. Most other countries in Asia have only recently introduced intellectual property laws (due to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement) and competition laws (sometimes due to the World Bank, International Monetary Fund or free trade agreements). It would be naïve to think that laws, even if similar on the surface, have the same goals or can be enforced similarly. Countries have differing degrees of acceptance of these laws, different economic circumstances and differing legal and political institutions. To set the scene, Judge Doug Ginsburg, Greg Sidak, David Teece and Bill Kovacic look at the intersection of intellectual property and competition laws in the United States. Next are country chapters on Asia, each jointly authored by a lawyer and an economist. The country chapters outline the institutional background to the intersection in each country, discuss the policy underpinnings (theoretically as well as describing actual policy initiatives), analyse the case law in the area, and make policy prescriptions.
Innovation Competition And Consumer Welfare In Intellectual Property Law
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Author : Gustavo Ghidini
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Innovation Competition And Consumer Welfare In Intellectual Property Law written by Gustavo Ghidini and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
Professor Ghidini has long since made himself a worldwide reputation as a leading scholar. He is a profound critic of intellectual property protection that follows rigid property logic, and favours the functionalist competition/innovation logic. Innovation, Competition and Consumer Welfare in Intellectual Property Law is truly enriching reading. Hanns Ullrich, College of Europe, Bruges, Belgium We in the United States have much to learn not only from Gustavo Ghidini s careful analysis of modern trends in the European IP regime but also from his thoughtful development of the thesis that free competition should be understood as the overarching principle guiding both IP protection and what we call antitrust law. Rudolph J.R. Peritz, New York Law School, US and author of Competition Policy in America This authoritative book provides a comprehensive critical overview of the basic IP paradigms, such as patents, trademarks and copyrights. Their intersection with competition law and their impacts on the exercise of social welfare are analysed from an evolutionary perspective. The analyses and proposals presented encompass the features and rationales of a legal field in constant evolution, and relate them to increasingly rapid technological, economic, social and geo-political developments. Gustavo Ghidini highlights the emerging trends that challenge the traditional all-exclusionary vision of IP law and its application. The author expertly combines holistic, evolutionary and constitutionally oriented approaches, with the search for a rebalancing of the IP rights holders positions with citizens and users rights. This book will appeal to academics, scholars and lawyers specializing in the realm of intellectual property, competition and comparative law.
Research Handbook On Intellectual Property And Competition Law
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Author : Josef Drexl
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Research Handbook On Intellectual Property And Competition Law written by Josef Drexl and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies. Ioannis Lianos, World Competition Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law. Madhu Sahni, Journal of Intellectual Property Rights This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all. IPKAT Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or. Marianne Levin, Stockholm University, Sweden This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the more economic approach and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.
Intellectual Property Rights And Competition Law In India
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Author : Rajni Malhotra Dhingra
language : en
Publisher: Taylor & Francis
Release Date : 2024-08-12
Intellectual Property Rights And Competition Law In India written by Rajni Malhotra Dhingra and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-12 with Law categories.
This book explores the relationship between intellectual property law and competition law, proposing a harmonious equilibrium in the dynamic landscape of evolving technology. It explores how intellectual property rights (IPR) can be effectively balanced with competition law considerations, offering insights into navigating the evolving intersection of legal frameworks in the realm of technology and innovation. In the rapidly evolving landscape of India's legal framework, the intersection of IPR and competition law has become a critical focal point. This book dissects the regulatory landscape, offering a thorough analysis of India's competition law and its application in conjunction with patent, copyright, trademark, blockchain technologies, computer software, artificial intelligence, and more. Covering landmark legal decisions, precedents, and emerging trends that shape the balance between fostering innovation and preventing anticompetitive practices, the book also uses case studies involving WhatsApp Vs. CCI and Vidya Drolia case. Focusing on India, but with lessons for a global audience, the book brings together contributions from experts across disciplines, to promote innovative solutions to balancing IP and competition law with technological advancements. The book will be of interest to researchers in the field of the law of emerging technologies, IP law, and competition law.