Patent Misuse And Antitrust Law
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Patent Misuse And Antitrust Law
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Author : Daryl Lim
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-10-31
Patent Misuse And Antitrust Law written by Daryl Lim 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 2013-10-31 with Law categories.
This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before.
Intellectual Property Misuse
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Author :
language : en
Publisher: American Bar Association
Release Date : 2000
Intellectual Property Misuse 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 2000 with Law categories.
Misuse is an increasingly important topic because of the central role intellectual property plays in our economy. The consequences of a misuse finding are severe: unenforceability of the patent or copyright involved, and defense to a suit to recover royalties in a license. The defense continues to arise in patent cases, has led to the dismissal of several recent copyright cases, and is now being asserted in trademark cases. The misuse defense thus represents a nexus of intellectual property and antitrust law and has the potential to affect business practices involving computer copyrights and other areas highly relevant in today's economic environment. This timely handbook covers the origin and development of the misuse doctrine, the debate about its scope and existence in relation to antitrust law, and its present status in patent, copyright, and trademark law. It also gives practical insights into how the doctrine affects both licensing and litigation practice.
Blocking Patents In European Competition Law
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Author : Angelika S. Murer
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-12-03
Blocking Patents In European Competition Law written by Angelika S. Murer 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 2021-12-03 with Law categories.
In practice and jurisprudence in European competition law, it is especially difficult to define the boundaries of patent abuse as an offence. In this thoroughly researched book, the author answers the question of when and how an application for a blocking patent can amount to an abuse of a dominant position under Article 102 TFEU. Drawing on legal literature and European Union (EU) case law, the presentation analyses a constellation of blocking patenting strategies and proposes potential remedies where abuse is involved. With detailed descriptions of the characteristics of potentially abusive and non-abusive behaviour regarding applications for blocking patents, the book provides the following and more: a comprehensive analysis of the case law of the EU courts on the abuse of a dominant position in cases which involve intellectual property rights; insights on how patenting strategies affect competition with a particular focus on the application of blocking patents; an overview of the developments in doctrine and practice which led to the current understanding of the seemingly conflictual goals of competition and intellectual property law; and insights on the difficulties of defining relevant markets and establishing whether an undertaking holds a dominant position. The book illustrates the mechanisms of blocking patenting strategies with examples from the pharmaceutical industry because blocking strategies have particular relevance in applying for patents in that context. A test scheme for analysing the application of a blocking patent under Article 102 TFEU is included. Additionally, the book provides an outlook on the topic of patents and shortages of supply in light of the COVID pandemic. Practitioners and policymakers requiring an understanding of the conceptual framework of the abuse concept within EU competition law and how it relates to patent strategies will welcome this invaluable book. They will not only be able to set the conduct of applying for blocking patents into the Article 102 TFEU context but also have decisive tools to approach questions on the intersection of patent law and competition law in the EU.
U S Antitrust Law In International Patent And Know How Licensing
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Author : American Bar Association. International Patent and Know-how Licensing Task Force
language : en
Publisher:
Release Date : 1981
U S Antitrust Law In International Patent And Know How Licensing written by American Bar Association. International Patent and Know-how Licensing Task Force and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Law categories.
This monograph deals with some of the problems under U.S. antitrust law that may be encountered in international patent and know-how licencing.
Creation Without Restraint
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Author : Christina Bohannan
language : en
Publisher: Oxford University Press
Release Date : 2012-01-13
Creation Without Restraint written by Christina Bohannan 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 2012-01-13 with Law categories.
Creation without Restraint: Promoting Liberty and Rivalry in Innovation analyzes the current state of competition (antitrust) and intellectual property laws, and proposes realistic reforms that will encourage innovation. As with antitrust and a reform process that aligned injury requirements in lawsuits with the incentive to compete, this book proposes similar reforms for patent and copyright law, and considers both the uses and limitations of antitrust as a vehicle for intellectual property law reform.
Antitrust Enforcement Intellectual Property Rights Promoting Innovation Competition
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Author : United States. Department of Justice
language : en
Publisher: DIANE Publishing
Release Date : 2007
Antitrust Enforcement Intellectual Property Rights Promoting Innovation Competition written by United States. Department of Justice and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Patent Antitrust Law
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Author : Raymond C. Nordhaus
language : en
Publisher:
Release Date : 1961
Patent Antitrust Law written by Raymond C. Nordhaus and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with Antitrust law categories.
Antitrust Law And Intellectual Property Rights
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Author : Christopher R. Leslie
language : en
Publisher:
Release Date : 2011
Antitrust Law And Intellectual Property Rights written by Christopher R. Leslie and has been published by 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.
Competition Law Innovation And Antitrust
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Author : Hedvig Schmidt
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
Competition Law Innovation And Antitrust written by Hedvig Schmidt 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 2009-01-01 with Law categories.
. . . a must-read for anyone wanting to study tying in more detail. . . the book offers a very thorough analysis of tying, together with some recommended improvements to the way in which tying is currently assessed under the EU and the US antitrust rules. Common Market Law Review Schmidt s Competition Law, Innovation and Antitrust is a superb introduction to the subject of tying arrangements and other bundled sales in high technology markets, principally as they are treated under US antitrust law and EU competition law. Schmidt thoroughly assesses the economics of such arrangements, the benefits they confer and the potential harms they impose, and then gives a positive introduction to the law. This is a comprehensive treatment of its subject and an indispensible aid to the competition law scholar or practitioner. Herbert Hovenkamp, University of Iowa, College of Law, US This innovative book assesses the hotly debated topic of tying from three different perspectives: competition law, economics and intellectual property rights. It highlights the faults and benefits of the current approaches to tying under EC competition law and US antitrust law. In the light of modern economic thinking, the recent review of Article 82 EC, and Sherman Act, Section 2, the author identifies a more economic approach to tying that moves away from the per se illegality label that has so far impinged on tying case law. Hedvig Schmidt recognizes the significance that tying can play on innovation and product development, and thus suggests a new approach which carves out a safe haven for technological integrated products to ensure continuous stimulation of innovation. With comparative assessments and investigations, this book is a must-read for academics specializing in competition law and theory, as well as practitioners and policy-makers of competition law and intellectual property.
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.