Intellectual Property And The Limits Of Antitrust
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Intellectual Property And The Limits Of Antitrust
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Author : Katarzyna Czapracka
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Intellectual Property And The Limits Of Antitrust written by Katarzyna Czapracka 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.
An excellent account of practice on both sides of the Atlantic regarding the intersection of antitrust and intellectual property rights. The author provides a detailed account of the legal discussion in an economics-informed manner. A must read, as far as I am concerned, for practitioners and academicians alike. Petros C. Mavroidis, Columbia Law School, New York, US, University of Neuch'tel, Switzerland and CEPR, UK This book examines the growing divergences between the EU and the US in their approach to antitrust law enforcement, particularly where it relates to intellectual property (IP) rights. The scope of US antitrust law as defined in the Supreme Court s decisions in Trinko and Credit Suisse Securities is much narrower than the scope of EU competition law. US antitrust enforcers have become increasingly reluctant to apply antitrust rules to regulated markets, whereas the European Commission has consistently used EU competition rules to correct the externalities resulting from government action. The contrasting approaches adopted by US and EU antitrust enforcers to these issues, as with the differences in addressing market dominance, have had a profound impact on the scope of antitrust intervention in the IP field. This book provides an in-depth analysis of the relevant recent developments on both sides of the Atlantic and identifies the pitfalls of regulating IP through competition rules. With a unique comparative perspective, this book will be an invaluable resource for postgraduate students, academics and practitioners in IP and competition law.
The Oxford Handbook Of Intellectual Property Law
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Author : Rochelle Cooper Dreyfuss
language : en
Publisher: Oxford University Press
Release Date : 2018
The Oxford Handbook Of Intellectual Property Law written by Rochelle Cooper 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 with Law categories.
A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.
China And Eu Antitrust Review Of Refusal To License Ipr
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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.
The Ec Competition Law On Technology Licensing
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Author : Frank L. Fine
language : en
Publisher: Sweet & Maxwell
Release Date : 2006
The Ec Competition Law On Technology Licensing written by Frank L. Fine and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Examining the general principles of liability and focusing on the concept of duty, this book provides reference for practitioners and academics. It considers key developments in legislation, including the Human Rights Act. It contains an analysis of case law with footnotes, and also considers legislative developments and their implications
Refusals To License Intellectual Property
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Author : Ian Eagles
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-12-15
Refusals To License Intellectual Property written by Ian Eagles and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-15 with Law categories.
Economic analysis rarely appears on the judicial horizon in intellectual property litigation. In competition cases, by contrast, economists are familiar figures in the courtroom and the language of economics is scattered throughout the judgments of even the highest courts. One might expect, therefore, that refusals to license intellectual property would generate the same fruitful symbiosis between law and economics when those refusals surface in competition proceedings. This however, has not been how the law on this subject has developed in most jurisdictions. Courts and enforcement agencies faced with a unilateral refusal to license have instead tended to retreat into sketchily articulated black letter rules and presumptions which then have to be fenced off from the rest of competition law by economically irrelevant qualifications and distinctions based on private law categorisations of, and rationales for, individual intellectual property rights. This bypassing of case-by-case analysis in favour of more traditional modes of legal reasoning is not entirely the fault of lawyers. Economists have contributed to this state of affairs by urging judges and regulators to convert empirically undernourished theories about the proper role of intellectual property in a market economy into rules of law and evidentiary presumptions intended to be binding in future cases. How this came about and what it means for the future of effective competition enforcement globally are the twin concerns of this book.
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.
The Internationalisation Of Competition Rules
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Author : Brendan J. Sweeney
language : en
Publisher: Routledge
Release Date : 2009-09-10
The Internationalisation Of Competition Rules written by Brendan J. Sweeney and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-10 with Business & Economics categories.
The widespread move towards more market-driven models of political economy combined with the expanding internationalisation of business and commerce has led to a series of proposals for global competition rules. To date these proposals have been hotly contested. A critical issue is whether some form of international rule-making is required, or whether soft law solutions are sufficient. Competition rules may be required to combat the damage done by global cartels and to diffuse the tensions created when more than one nation seeks to regulate the same conduct. Competition rules may also be required to protect the integrity of the world trading system. International rule-making, however, presents its own problems, not the least of which is a concern with protecting national sovereignty.
The Global Limits Of Competition Law
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Author : D. Daniel Sokol
language : en
Publisher: Stanford University Press
Release Date : 2012-06-13
The Global Limits Of Competition Law written by D. Daniel Sokol and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-13 with Law categories.
Over the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.
Intellectual Property And The Limits Of Antitrust
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Author : Katarzyna Anna Czapracka
language : en
Publisher:
Release Date : 2007
Intellectual Property And The Limits Of Antitrust written by Katarzyna Anna Czapracka and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Antitrust law categories.
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.