Ip And Antitrust An Analysis Of Antitrust Principles Applied To Intellectual Property Law 3rd Edition
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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.
Patent Settlements In The Pharmaceutical Industry Under Us Antitrust And Eu Competition Law
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Author : Amalia Athanasiadou
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-08-14
Patent Settlements In The Pharmaceutical Industry Under Us Antitrust And Eu Competition Law written by Amalia Athanasiadou 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 2018-08-14 with Law categories.
Reverse payment settlements or “pay-for-delay agreements” between originators and generic drug manufacturers create heated debates regarding the balance between competition and intellectual property law. These settlements touch upon sensitive issues such as timely generic entry and access to affordable pharmaceuticals and also the need to preserve innovation incentives for originators and to strengthen the pipeline of life-saving pharmaceuticals. This book is one of the first to critically and comparatively analyse how such patent settlements and various other strategies employed by the pharmaceutical industry are scrutinised by both United States (US) and European courts and enforcement authorities, and to discuss the applicable legal tests and the main criteria used for their assessment. The book’s ultimate objective is to provide guidance to the pharmaceutical industry regarding the types of patent settlements, strategies and conduct which may be problematic from US antitrust and European Union (EU) competition law perspectives and to assist practitioners in structuring settlements which are both efficient and compliant. To this end, an exhaustive legal analysis of some of the most controversial issues regarding pharmaceutical patent settlements is provided, including: – the lengthy split among US Circuit Courts on the issue of pay-for-delay settlements, its resolution by the US Supreme Court in FTC v. Actavisand subsequent jurisprudence; – the decision of Lundbeck v. Commissionby the European General Court and the Servier decision of the European Commission; – the Roche/Novartisdecision of the European Court of Justice and the most important decisions by National Competition Authorities on pharma patent settlements in the EU; – an overview of other types of strategies such as product-hopping and product reformulations, no-authorised generic commitments, problematic side-deals, mechanisms affecting generic substitution; – the rejection of the “scope of the patent” test in both the US and the EU and the balancing of patent law and antitrust law considerations in the prevailing applicable tests; – the benefits of settlements and the main criteria for assessing their legitimacy under US antitrust and EU competition law. The analysis provides concrete examples of both illegitimate and legitimate settlements and strategies, emphasising on conduct that falls within a grey zone and on the circumstances and criteria under which such conduct could be deemed problematic from an antitrust perspective. This book will serve as a valuable guide for pharmaceutical companies wishing to minimise the risk of engaging in conduct that could potentially infringe US antitrust and EU competition law. It further aims to save courts and enforcement agencies and also practitioners and academics considerable time and resources by providing an exhaustive analysis of the relevant caselaw, with the ultimate goal to increase legal certainty on the most controversial aspects of patent settlements in the pharmaceutical industry.
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.
Antitrust Patents And Copyright
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Author : François Lévêque
language : en
Publisher: Edward Elgar Publishing
Release Date : 2005-01-01
Antitrust Patents And Copyright written by François Lévêque 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 2005-01-01 with Law categories.
In modern markets innovation is at least as great a concern as price competition. The book discusses how antitrust policy and patent and copyright laws interact to create market dynamics that affect both competition and innovation. Antitrust and intellectual property policies for the most part are complementary, sharing common goals of promoting innovation and economic welfare. In some cases, however, their distinct approaches, one based on competition and the other on exclusion, come into conflict. As antitrust authorities focus increasingly on ensuring that firms do not interfere with innovation by rivals or impede the pace of technological progress in an industry, they necessarily must confront difficult questions about the strength and scope of intellectual property rights. When should private property rights give way to public competition objectives? When is it appropriate to remedy anticompetitive outcomes through access to protected intellectual property? How does antitrust enforcement or competition itself affect incentives to innovate? Leading economists and lawyers address these questions from both US and EU perspectives in discussing salient antitrust cases involving intellectual property rights such as Microsoft, Magill, Kodak, IMS and Intel.
Judicially Crafted Property Rights In Valuable Intangibles
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Author : Apostolos G. Chronopoulos
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-08-06
Judicially Crafted Property Rights In Valuable Intangibles written by Apostolos G. Chronopoulos 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 2024-08-06 with Law categories.
Apostolos G. Chronopoulos addresses the doctrinal contentions surrounding the doctrine of misappropriation while offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic.
Patent Law Cases Problems And Materials 3rd Edition 2023
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Author : Lisa Larrimore Ouellette
language : en
Publisher: Lisa Larrimore Ouellette
Release Date : 2023-06-21
Patent Law Cases Problems And Materials 3rd Edition 2023 written by Lisa Larrimore Ouellette and has been published by Lisa Larrimore Ouellette this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-21 with Law categories.
Patent Law: Cases, Problems, and Materials (3rd Edition 2023) is a free casebook, co-authored by Professor Jonathan S. Masur (University of Chicago Law School) and Professor Lisa Larrimore Ouellette (Stanford Law School). The casebook is made available under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. A digital version of the casebook can be downloaded free online, and a printed copy can be purchased at cost (royalty free).
Competition Law
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Author : Richard Whish
language : en
Publisher: Oxford University Press
Release Date : 2021
Competition Law written by Richard Whish 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 2021 with Law categories.
Combining detailed coverage with exceptional clarity, this is the unparalleled resource for students and practitioners. The leading academics in the field explain the purpose of competition policy, introduce key concepts and techniques in competition law, and provide insights into the complexities of market behaviour. This stand-alone resource draws on a wide variety of sources and analyses the law in its economic context. The tenth edition incorporates extensive new legislation, case law, decisional practice guidelines and literature. New areas of coverage and discussion include: The goals of competition law and policy in the 21st century, including consumer welfare and the neo-Brandesian school, The rise of digital platforms and two-sided markets, and the challenges they present for competition law and policy, The latest developments in private enforcement of competition law, including the Supreme Court's judgment in Merricks v Mastercard, The implications of the European Green Deal and the sustainability agenda for competition law, Changes to UK law as a result of Brexit Book jacket.
Healthcare Antitrust Settlements And The Federal Trade Commission
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Author : James Langenfeld
language : en
Publisher: Emerald Group Publishing
Release Date : 2018-08-30
Healthcare Antitrust Settlements And The Federal Trade Commission written by James Langenfeld and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-30 with Business & Economics categories.
This volume of Research in Law and Economics contains articles that address important legal and economic developments in the areas of healthcare, intellectual property and labor settlements, competitive effects, cartel overcharges, and the U.S. Federal Trade Commission (FTC)
Research Handbook On Intellectual Property Rights And Inclusivity
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Author : Cristiana Sappa
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-06-05
Research Handbook On Intellectual Property Rights And Inclusivity written by Cristiana Sappa 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 2024-06-05 with Law categories.
This insightful Research Handbook discusses how exclusive intellectual property rights can affect inclusivity within individual, community and business contexts. It employs urban and rural frameworks to provide a multidimensional view of contemporary inclusivity and its relationship with intellectual property.
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.