Competition Policy And Patent Law Under Uncertainty
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Competition Policy And Patent Law Under Uncertainty
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Author : Geoffrey A. Manne
language : en
Publisher: Cambridge University Press
Release Date : 2011-06-13
Competition Policy And Patent Law Under Uncertainty written by Geoffrey A. Manne 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 2011-06-13 with Business & Economics categories.
Any legal regime must attempt to assess the trade-offs associated with rules that will affect incentives to innovate, allocative efficiency, competition, and freedom of economic actors to commercialize the fruits of their innovative labors. The essays in this book approach this critical set of problems from an economic perspective.
Comparative Law Relating To Patents And Abuse Of Dominance In Global Telecommunication Industry
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Author : Amrit Subhadarsi
language : en
Publisher: Lulu.com
Release Date : 2018-12-15
Comparative Law Relating To Patents And Abuse Of Dominance In Global Telecommunication Industry written by Amrit Subhadarsi and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-15 with Education categories.
The intersection between Competition law and intellectual property has always been a subject matter of controversy because of the very nature of the two subject areas. On the one hand, competition law seeks to protect the interest of traders and consumers by way of abuse of monopoly power on the part of an enterprise or an individual, and on the other hand, the grant of an intellectual property right to a person, automatically excludes other persons from making use of the property on which the right has been vested.
Intellectual Property Antitrust And Cumulative Innovation In The Eu And The Us
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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.
Competition Law S Innovation Factor
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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.
The Roles Of Innovation In Competition Law Analysis
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Author : Paul Nihoul
language : en
Publisher: Edward Elgar Publishing
Release Date :
The Roles Of Innovation In Competition Law Analysis written by Paul Nihoul 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 with Antitrust law categories.
Rapid technological innovations have challenged the conventional application of antitrust and competition law across the globe. Acknowledging these challenges, this original work analyses the roles of innovation in competition law analysis and reflects on how competition and antitrust law can be refined and tailored to innovation.
Competition Law In Latin America
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Author : Julián Peña
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-06-06
Competition Law In Latin America written by Julián Peña 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 2022-06-06 with Law categories.
In the past few years, Latin American countries have taken giant steps to reposition their competition authorities in the global antitrust arena, granting them much greater autonomy both domestically and internationally. This is an updated edition of the first book that offered an in-depth analysis of this complex scenario. The first part of the book includes more general chapters written by leading experts on a variety of relevant topics analyzed at a regional level such as the issues emerging with the digital economy and on the special field of the information and communications technology industry, as well as chapters on broad regional trends, on the working of competition law in countries with regulated markets and in the cluster of Central American countries, among others. At the heart of the presentation are nine chapters detailing the competition regimes of the most active national jurisdictions in the region—Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Paraguay, Peru, and Uruguay. Written by practicing experts with considerable hands-on experience in their respective countries, each of these chapters provides a comprehensive description and explanation of the evolution, current state, and prospects for antitrust in the country. Topics addressed in the country analysis encompass the following and more: relevant institutions and legislation; cartel investigations; unilateral conduct policies; merger review; international coordination; enforcement; and remedies. Each chapter includes an analysis of relevant case law, allowing the reader to gauge the positions, views, and tendencies of each competition law regime. The contributors also pay attention to the specificities and idiosyncrasies that are so important for a correct understanding of the practical realities of competition policy and enforcement. With its wide-ranging and in-depth approach, this book provides an incomparable analysis of a challenging region poised to become increasingly important in the international recognition and enforcement of antitrust law. It is in this sense an essential guide for lawyers, economists, corporations, academics, and government officials interested in understanding where competition law is, and where it is going to, in Latin America.
European Competition Law Annual 2012
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Author : Philip Lowe
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-10-31
European Competition Law Annual 2012 written by Philip Lowe and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-31 with Law categories.
This volume contains papers presented at the 17th Annual EU Competition Law and Policy Workshop, organized by Philip Lowe and Mel Marquis and held at the European University Institute on 13-14 July 2012. From a variety of angles the book explores the themes of competition, regulation and certain public policies; their interactions; and, in some cases, their mutual tensions. The authors of the various chapters consider legal and economic issues relating to network industries, industrial, environmental and trade policies, and intellectual property and innovation policies, among others. Comparative views and the views of judges from different jurisdictions are provided, and techniques for mediating among different policy objectives and frameworks are discussed. Authors contributing to this book include: Rafael Allendesalazar, Robert D Anderson, Marco Boccaccio, Ginevra Bruzzone, Cristina Caffarra, Alexandre de Streel, Ian Forrester, Douglas Ginsburg, Geert Goeteyn, Calvin Goldman, Daniel Haar, Küllike Jürimäe, Suzanne Kingston, Lars Kjølbye, Paul Lugard, Mel Marquis, Veljko Milutinovic, Giorgio Monti, Anna Caroline Müller, Rosa Perna, Anthony Pygram, Philip Lowe, Pierre Régibeau and Jon Stern.
The Oxford Handbook Of Intellectual Property Law
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Author : Rochelle C. Dreyfuss
language : en
Publisher: Oxford University Press
Release Date : 2018-04-12
The Oxford Handbook Of Intellectual Property Law written by Rochelle C. Dreyfuss 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 2018-04-12 with Law categories.
We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.
Twentieth Century Victorian
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Author : Cranfield Jonathan Cranfield
language : en
Publisher: Edinburgh University Press
Release Date : 2016-06-14
Twentieth Century Victorian written by Cranfield Jonathan Cranfield and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-14 with Literary Criticism categories.
A literary history of Arthur Conan Doyle's work with the Strand Magazine in the twentieth centuryYou know Arthur Conan Doyle as the stereotypically 'Victorian' author of the Sherlock Holmes stories which, on the lavishly-illustrated pages of the Strand Magazine, captivated and defined the late nineteenth-century marketplace for popular fiction and magazine publishing. This book tells the story of that relationship and the aftermath its enormous success as author and publication sought to shepherd their determinedly Victorian audience through the problems and crises of the early twentieth century. Here you can discover the Conan Doyle who used his public platform to fight for divorce reform, for the rights of colonised peoples, for State welfare programmes, for the abolition of blood sports and who, even in his last years, foresaw the coming of the Second World War, the Cold War and the age of weapons of mass destruction. The twentieth-century Conan Doyle was not a man with his eyes fixed upon the past but determinedly responding to a changing world with as much vigour and commitment as any modernist writer.Key FeaturesOriginal approach to Conan Doyle as a 'popular modernist'Analyses many forgotten and neglected novels, short stories, letters, pamphlets and non-fiction pieces, many of which have gone entirely unremarked within existing criticismProvides new periodical context by using forgotten material from the Strand to situate the work of Conan Doyle (and other popular writers from the period) within their historical moment Draws on original research into the artistic and business history of the Strand magazine, its writers and its employees
Regulating Innovation
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Author : Geoffrey A. Manne
language : en
Publisher:
Release Date : 2013
Regulating Innovation written by Geoffrey A. Manne and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
This essay is the introduction to a forthcoming volume entitled, Regulating Innovation: Competition Policy and Patent Law Under Uncertainty (Cambridge U. Press 2009 forthcoming). In addition to introducing all of the papers in the volume, this essay introduces the organizing themes of the volume. Innovation is critical to economic growth. While it is well understood that legal institutions play an important role in fostering an environment conducive to innovation and its commercialization, much less is known about the optimal design of specific institutions. Regulatory design decisions, and in particular competition policy and intellectual property regimes, can have profoundly positive or negative consequences for economic growth and welfare. However, the ratio of what is known to unknown with respect to the relationship between innovation, competition, and regulatory policy is staggeringly low. In addition to this uncertainty concerning the relationships between regulation, innovation, and economic growth, the process of innovation itself is not well understood. The regulation of innovation and the optimal design of legal institutions in this environment of uncertainty are two of the most important policy challenges of the 21st century. Any legal regime must attempt to assess the tradeoffs associated with rules that will affect incentives to innovate, allocative efficiency, competition, and freedom of economic actors to commercialize the fruits of their innovative labors and foster economic growth. Unfortunately, as this essay describes, our tools for assessing these tradeoffs are limited. Any coherent regulatory framework must take account of the low level of empirical knowledge surrounding the complex relationship between regulation - both through competition policy and patent law - and innovation, and the corresponding uncertainty caused by this absence of knowledge. The relationship between regulation and innovation has posed a significant challenge to antitrust economists at least since Schumpeter's suggestion that dynamic competition would result in “creative destruction,” leading to a competitive process where one monopolist would replace another sequentially as new entrants developed a superior product. Interfering in this dynamic process for the sake of static efficiency gains is perilous, but, of course, not impossible. But regulators and policy makers must take (more) seriously the condition of fundamental uncertainty in which they act, and the significant costs of their inevitable errors before justifying interventions on grounds of promoting competition or facilitating innovation. This essay and the chapters in this book, approach this critical set of problems from an economic perspective, relying on the tools of microeconomics, quantitative analysis, and comparative institutional analysis to explore and begin to provide answers to the myriad challenges facing policymakers. The strength of this analysis - often described as the New Institutional Economic approach - is in its recognition that understanding economic performance requires not only economic modeling of narrow behavior, but also an understanding of that behavior in its legal, economic, social, and political institutional context. The essay includes a table of contents for the book.