Ip And Antitrust
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Ip And Antitrust
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Author : Nuno Pires de Carvalho
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-04-14
Ip And Antitrust written by Nuno Pires de Carvalho 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 2015-04-14 with Law categories.
Consumers can make choices because of the differentiation that is preserved by intellectual property. Competition law informs intellectual property, generally with the intent of ensuring that it achieves this main purpose. However, very often, certain public policies relating to competition interfere with the way intellectual property should normally operate, either with the purpose of reinforcing its differentiating role, or with the objective of submitting it to other public goals – such as access to essential goods and services, or in recognition of situations where a given invention becomes part of a technical standard or is deemed dangerous to health or the environment. This book presents eighty cases that interpret the various public policies that mould the interface of intellectual property law with competition law (or antitrust). Although most cases are from the United States - which has developed an enormously wide wealth of jurisprudence in this area - there are also cases from the European Union, the United Kingdom, Australia, Canada, South Africa, Brazil, South Korea, India, and Argentina. The author presents the cases under the following general headings: • setting the right dosage (i.e., avoiding too much or too little intellectual property); • setting the standards of differentiation; • refusing to license intellectual property; • licensing (and assigning) intellectual property; • enforcing intellectual property rights; • remedies; • intellectual property in sectors of special public interest; and • technical standards. Revealing in extraordinary depth the tensions behind the values of the free market which intellectual property serves and the variety of responses these tensions provoke, this book may be regarded as a watershed resource regarding the principles and policies that, sometimes coherently, sometimes not, preside over the very complex relationship between intellectual property and antitrust. It is sure to be greatly valued by all professionals in both fields, from practitioners to policymakers, as well as by academics.
Ip And Antitrust An Analysis Of Antitrust Principles Applied To Intellectual Property Law 3rd Edition
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Author : Hovenkamp, Janis, Lemley, Leslie, Carrier
language : en
Publisher: Wolters Kluwer
Release Date : 2016-01-01
Ip And Antitrust An Analysis Of Antitrust Principles Applied To Intellectual Property Law 3rd Edition written by Hovenkamp, Janis, Lemley, Leslie, Carrier and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-01 with categories.
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.
Antitrust Law And Intellectual Property Rights
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Author : Christopher R. Leslie
language : en
Publisher: Oxford University Press, USA
Release Date : 2011
Antitrust Law And Intellectual Property Rights written by Christopher R. Leslie and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds of their intellectual property rights. Leslie explains that while substantive intellectual property law defines the scope of the exclusionary rights, antitrust law often provides the most important consequences when owners of intellectual property misuse their rights in a way that harms consumers or illegitimately excludes competitors. Antitrust law defines the limits of what intellectual property owners can do with their IP rights. In this book, Leslie explores what conduct firms can and cannot engage in while acquiring and exploiting their intellectual property rights, and surveys those aspects of antitrust law that are necessary for both antitrust practitioners and intellectual property attorneys to understand. This book is ideal for an advanced antitrust course in a JD program. In addition to building on basic antitrust concepts, it fills in a gap that is often missing in basic antitrust courses yet critical for an intellectual property lawyer: the intersection of intellectual property and antitrust law. The relationship between intellectual property and antitrust is particularly valuable as an increasing number of law schools offer specializations and LLMs in intellectual property. This book also provides meaningful material for both undergraduate and graduate business schools programs because it explains how antitrust law limits the marshalling of intellectual property rights.
Ip And Antitrust
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Author : Herbert Hovenkamp
language : en
Publisher: Aspen Publishers
Release Date : 2001-11-19
Ip And Antitrust written by Herbert Hovenkamp and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-11-19 with Law categories.
AUTHOR NEWS! Justice Department Honors Herbert Hovenkamp with Sherman Award - on July 29, 2008, The USDOJ Antitrust Division presented Professor Herbert Hovenkamp with the prestigious John Sherman Award for his lifetime contributions To The teaching and enforcement of antitrust law And The development of antitrust policy . This annual award is given for outstanding contributions To The field of antitrust law, The protection of American consumers, And The preservation of economic liberty. Hovenkamp's publications include some 70 articles, approximately 50 essays and book reviews, and a dozen books. He is the senior surviving author of Antitrust Law (formerly with Phillip Areeda & Donald Turner), which currently spans 20 volumes, and with Mark Janis and Mark Lemley, author of IP and Antitrust Law . IP and Antitrust is a 2-volume reference that focuses on the intersection of the areas of IP and antitrust . While intellectual property licensing arrangements are typically pro-competitive, antitrust concerns may nonetheless arise. Licensing arrangements raise concerns under the antitrust laws if they are likely to adversely affect the prices, quantities, qualities or varieties of goods and services -- either currently or potentially available. The Justice Department's rekindled interest in intellectual property licensing arrangements now requires that companies factor antitrust considerations into the drafting and review of intellectual property licensing arrangements. Thus, licensing agreements involving intellectual property must now be drafted with two considerations in mind: maximizing the commercial value of intellectual property rights, and minimizing antitrust risks IP and Antitrust is the first comprehensive resource that fully examines intellectual property from an antitrust perspective, To help you steer clear of unexpected problems. it provides a sophisticated discussion of intellectual property law not currently available in the antitrust treatises on the market today, including Areeda and Hovenkamp's Antitrust Law treatise.
Ip And Antitrust
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Author : Herbert Hovenkamp
language : en
Publisher: Aspen Publishers
Release Date : 2009-12-18
Ip And Antitrust written by Herbert Hovenkamp and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-18 with Law categories.
The leading reference that focuses on the intersection of the areas of IP and antitrust enables you to factor antitrust considerations into the drafting and review of intellectual property licensing arrangements, maximizing the commercial value of intellectual property rights, and minimizing antitrust risks. IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Second Edition is a two-volume reference that focuses on the intersection of the areas of IP and antitrust. While intellectual property licensing arrangements are typically pro-competitive, antitrust concerns may nonetheless arise. Licensing arrangements raise concerns under the antitrust laws if they are likely to adversely affect the prices, quantities, qualities or varieties of goods and services -- either currently or potentially available. The Justice Department's rekindled interest in intellectual property licensing arrangements now requires that companies factor antitrust considerations into the drafting and review of intellectual property licensing arrangements. Thus, licensing agreements involving intellectual property must now be drafted with two considerations in mind: maximizing the commercial value of intellectual property rights, and minimizing antitrust risks IP and Antitrust is the first comprehensive resource that fully examines intellectual property from an antitrust perspective, to help you steer clear of unexpected problems. It provides a sophisticated discussion of intellectual property law not currently available in the antitrust treatises on the market today, including Areeda and Hovenkamp's Antitrust Law treatise.
Intellectual Property And Antitrust
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Author : Mariateresa Maggiolino
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Intellectual Property And Antitrust written by Mariateresa Maggiolino 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 2011-01-01 with Law categories.
This book brings to bear Professor Maggiolino?s considerable skills as a comparative competition law scholar on what is perhaps the single most important competition policy issue facing us today - namely, how to use IP policy and competition policy in tandem to further both economic competition and competition in innovation. Professor Maggiolino?s book covers a large range of IP practices by dominant firms where competition law can be invoked, including "sham" litigation and product design, improper infringement actions, predation, and refusals to license. This book is well researched, well written, and completely up to date. Every serious competition law/antitrust and intellectual property scholar and practitioner should regard it as "must" reading.
Ip And Antitrust
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Author : Herbert Hovenkamp
language : en
Publisher: Wolters Kluwer Law & Business
Release Date : 2017
Ip And Antitrust written by Herbert Hovenkamp and has been published by Wolters Kluwer Law & Business this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Antitrust law categories.
Maximize intellectual property rights and minimize antitrust risks with the Third Edition of IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law. While intellectual property licensing agreements are generally pro-competitive, antitrust issues can arise. Licensing arrangements raise concerns under the antitrust laws if they are likely to adversely affect the prices, quantities, qualities or varieties of goods and services available. Therefore, companies MUST factor these antitrust considerations into the drafting and review of these licensing agreements. The Third Edition of IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law is reorganized and rewritten to address the following important topics: Exclusion payment settlements in the pharmaceutical industry Post-expiration royalties and payments Monopolization and Refusals to License Tying, Exclusive Dealing and Related Licensing Practices REMS, product hopping and manipulation of the regulatory process Package Licensing, Blanket Licenses and Block-Booking Anticompetitive Royalty Provisions Resale Price Maintenance Confidently draft and review intellectual property licensing agreements with IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law.
Ip And Antitrust
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Author : Christina Bohannan
language : en
Publisher: Aspen Publishers Online
Release Date : 2013
Ip And Antitrust written by Christina Bohannan and has been published by Aspen Publishers Online this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Intellectual Property And Antitrust Handbook
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Author :
language : en
Publisher: American Bar Association
Release Date : 2007
Intellectual Property And Antitrust Handbook written by and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.