China And Eu Antitrust Review Of Refusal To License Ipr
DOWNLOAD
Download China And Eu Antitrust Review Of Refusal To License Ipr PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get China And Eu Antitrust Review Of Refusal To License Ipr book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
China And Eu Antitrust Review Of Refusal To License Ipr
DOWNLOAD
Author : Dr. Tiancheng Jiang
language : en
Publisher: Maklu
Release Date : 2015
China And Eu Antitrust Review Of Refusal To License Ipr written by Dr. Tiancheng Jiang and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Striking a proper balance between unilateral exercise of intellectual property rights on the one hand and competition rules on the other hand is not an easy exercise. The right owners’ unilateral behaviour of refusal to license is one such delicate issue, particularly for China, considering that it has not been clarif ied within existing competition rules how to assess a right owner’s specif ic unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right owners’ refusal conduct might be considered as an infringement of EU competition rules. In general, Chinese competition law has been modelled after the EU competition rules. This book firstly examines the EU approaches on dominant undertakings’ refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to China’s anti-monopoly practice.
Report To Congress Of The U S China Economic And Security Review Commission
DOWNLOAD
Author : U.S.-China Economic and Security Review Commission
language : en
Publisher:
Release Date : 2015
Report To Congress Of The U S China Economic And Security Review Commission written by U.S.-China Economic and Security Review Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with China categories.
The Practitioner S Guide To Antitrust In China
DOWNLOAD
Author : Becky Nao Koblitz
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-08-27
The Practitioner S Guide To Antitrust In China written by Becky Nao Koblitz 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 2015-08-27 with Law categories.
Management and legal counsel of foreign companies operating in China as well as those outside China with Chinese business desperately need to keep up with the fast-paced antitrust developments in the most dynamic market in the world. The author of this book, Becky Koblitz, is a seasoned antitrust lawyer for a major U.S. law firm in Beijing. She has decades of legal experience as a prosecutor at the Antitrust Division of the U.S. Department of Justice, as well as in-house counsel for a German subsidiary of a major American real estate development company and as a lawyer at law firms globally. Her rich experience in the U.S., Europe and China, now often regarded as the three centers of global antitrust, makes her the perfect candidate to write a book on China's antitrust development. Her book is a quick read that tells what there is to know about China's antitrust enforcement and includes practical advice and examples for the various aspects of antitrust: dealing with competitors, dealing within the supply chain, mergers, etc. She writes in a straight-forward language such that non-antitrust lawyers can get beyond stock phrases like "illicit price coordination," "abuse of dominance," or "unilateral effect." Her book is a valuable and practical "cookbook" for antitrust compliance training and beyond. Another feature of the book is that it provides both legal and economic perspectives on antitrust analysis in China, which is important given that economic analysis is increasingly adopted by China's antitrust agencies and the Chinese courts. Thus understanding the logic and methodology behind economic analysis as applied to Chinese cases is key to conducting proper antitrust legal analysis that is tailored to the Chinese context. To write a book on the burgeoning antitrust enforcement and practice for the constantly evolving Chinese market is a real challenge. The trick, and it is not as easy as you would think, is to write simple declarative sentences, understandable to the antitrust layman, and at the same time not lose the rigor of antitrust analysis. I think this relatively short book is a remarkable achievement in meeting such a challenge, but I invite you to judge for yourself.
Competition Law S Innovation Factor
DOWNLOAD
Author : Viktoria H S E Robertson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-06
Competition Law S Innovation Factor written by Viktoria H S E Robertson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-06 with Law categories.
In recent years, market definition has come under attack as an analytical tool of competition law. Scholars have increasingly questioned its usefulness and feasibility. That criticism comes into sharper relief in dynamic, innovation-driven markets, which do not correspond to the static markets on which the concept of the relevant market was modelled. This book explores that controversy from a comparative legal perspective, taking into account both EU competition and US antitrust law. It examines the manifold ways in which courts and competition authorities in the EU and US have factored innovation-related considerations into market delineation, covering: innovative product markets, product differentiation, future markets, issues going beyond market definition proper – such as innovation competition, innovation markets and potential competition –, intellectual property rights, innovative aftermarkets and multi-sided platforms. This book finds that going forward, the role of market definition in dynamic contexts needs to focus on its function of market characterisation rather than on the assessment of market power.
Eu Competition Law Data Protection And Online Platforms Data As Essential Facility
DOWNLOAD
Author : Inge Graef
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-10-17
Eu Competition Law Data Protection And Online Platforms Data As Essential Facility written by Inge Graef 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 2016-10-17 with Law categories.
All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
Mechanisms To Enable Follow On Innovation
DOWNLOAD
Author : Alina Wernick
language : en
Publisher: Springer Nature
Release Date : 2021-05-13
Mechanisms To Enable Follow On Innovation written by Alina Wernick and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-13 with Law categories.
The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.
Analysis Of Enforcement Of Intellectual Property Rights Related To Standard Technology In East Asia And Europe
DOWNLOAD
Author : 竹内 誠也
language : ja
Publisher: 近代科学社Digital
Release Date : 2021-02-26
Analysis Of Enforcement Of Intellectual Property Rights Related To Standard Technology In East Asia And Europe written by 竹内 誠也 and has been published by 近代科学社Digital this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-26 with Law categories.
本書は、国際的に大きな注目を集める東アジア各国（日本・韓国・中国）の「標準必須特許（Standard Essential Patents:SEP）」法政策を網羅した英文著作です。 欧州において発展した当該法政策に係る不可欠施設法理の法令、ガイドラインと諸判例を紹介するとともに、欧州の同法理をもとに近時に独自発展のうえ国際紛争課題となりつつある日本・韓国・中国における「標準必須特許」法政策の現状と課題について法令、ガイドラインと諸判例の解説を行います。 ※本書は全編英語で執筆されています。 【目次】 Chapter 1 Introduction: Influence of the European Legal Analysis to East Asian Countries Chapter 2 IP Enforcement: Situation of Japan Chapter 3 Restriction of IP Enforcement: Situation in Europe Chapter 4 SEP Enforcement :Samsung's SEP Cases in Japan and Europe Chapter 5 SEP enforcement :Implication of Samsung's SEP Cases for East Asia Chapter 6 Conclusion: ‘Regulatory Competition’ situation in East Asia
Kritika Essays On Intellectual Property
DOWNLOAD
Author : Gustavo Ghidini
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-06-30
Kritika Essays On Intellectual Property 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 2017-06-30 with Intellectual property categories.
The fields of intellectual property have broadened and deepened in so many ways, and at such pace, that there is a tendency for academic commentators to focus on the next new thing, or to react immediately to judicial developments, rather than to reflect more deeply on the greater themes of the discipline. Kritika: Essays on Intellectual Property is a series of books designed to fulfil this role by creating a forum for essays that take a critical, long-term approach to the field of intellectual property. Volume 2 covers issues such as inter alia the current limits of knowledge and approaches to intellectual property, a functional account of intellectual property rights, China’s approach to innovation and intellectual property, the emergence of multi-layered IP-protection for designed objects, and the trajectory of increased protection for intellectual property.
Intellectual Property Antitrust And Cumulative Innovation In The Eu And The Us
DOWNLOAD
Author : Thorsten Käseberg
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-06-08
Intellectual Property Antitrust And Cumulative Innovation In The Eu And The Us written by Thorsten Käseberg and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-08 with Law categories.
For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg. Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP. Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.
Anti Monopoly Law And Practice In China
DOWNLOAD
Author : H. Stephen Harris
language : en
Publisher: Oxford University Press
Release Date : 2011-07-05
Anti Monopoly Law And Practice In China written by H. Stephen Harris and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-05 with Law categories.
The China Anti-Monopoly Law (AML), which became effective August 1, 2008, is the first comprehensive competition law enacted by China. The AML prohibits a broad array of agreements between competitors and commercial counterparties, as well as competitive conduct by single firms that may harm the competitive process. In addition, it establishes a mandatory administrative review procedure for mergers and acquisitions between companies meeting certain sales thresholds, globally or in China. Beyond these fundamental provisions, the AML prohibits certain types of administrative abuses believed to be prevalent in China and establishes a complex set of administrative agencies with broad powers to enforce the law. Anti-Monopoly Law and Practice in China is the first comprehensive treatment of the AML and the practice of antitrust law under this new system. Each chapter on the substantive provisions of the law includes practical advice on approaches to meeting the challenge of complying with the law's requirements, including analysis of likely interpretations and applications of the AML based on precedents in related economic laws and actions by other administrative agencies. Where policy choices are uncertain, the text will explore probable developments in China based on comparable applications of competition laws in other jurisdictions.