Reflections On The Antitrust Modernization Commission S Report And Recommendations Relating To The Antitrust Ip Interface
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Reflections On The Antitrust Modernization Commission S Report And Recommendations Relating To The Antitrust Ip Interface
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Author : Thomas F. Cotter
language : en
Publisher:
Release Date : 2014
Reflections On The Antitrust Modernization Commission S Report And Recommendations Relating To The Antitrust Ip Interface written by Thomas F. Cotter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
The Antitrust Modernization Commission's (AMC's) recommendations relating to the IP/antitrust interface reflect what has become the consensus view among mainstream commentators that IP and antitrust are, for the most part, complementary rather than antagonistic bodies of law. In this article, I argue that this consensus view is largely correct, and that the AMC's consensus-based recommendations are both commendable and persuasive. In addition, however, I argue that the consensus view nevertheless fails to capture some remaining tensions that could become acute in certain ongoing disputes lying along the antitrust/IP interface. These areas of potential conflict can be grouped into three broad categories. "Category 1" comprises cases in which IP law does not provide what some market participants believe to be an adequate solution to a free-riding problem that in theory could undermine the participants' incentive to invest in innovation. When such cases arise, courts may have to determine whether self-help efforts on the part of such participants to inhabit IP's "negative space" violate IP or antitrust norms, and if so whether the two sets of norms themselves conflict. Second, and of greater significance to antitrust policy at present, joint efforts on the part of potential IP users to facilitate the adoption and use of a particular technology may give rise to antitrust problems. The report briefly discusses one recurring situation falling within this latter category ("category 2"), relating to SSOs. Third, antitrust enforcers from time to time may perceive IP law as falling far short of attaining the optimal incentives/access tradeoff. In this third category of cases ("category 3"), questions may then arise whether antitrust should come to the rescue by constraining the exercise of unduly broad IPRs. In all three categories of cases, the risk will be present that antitrust intervention may overshoot its mark, thus undermining both the incentive structures embedded within the IP laws and efforts to reform those IP laws, when necessary, from within. Problematically, it remains unclear how antitrust enforcers can weigh the procompetitive benefits of challenged conduct that substitutes for IPRs (in category 1), restricts the exercise of IPRs (category 2), or exploits those IPRs to the maximum degree (category 3), against the potential corresponding harms to the integrity of the IP incentive scheme or to social welfare generally; and yet to describe the costs and benefits as in some sense incommensurable does not make the problem go away.
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.
The Oxford Handbook Of International Antitrust Economics Volume 2
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Author : Roger D. Blair
language : en
Publisher: Oxford University Press
Release Date : 2014-11-03
The Oxford Handbook Of International Antitrust Economics Volume 2 written by Roger D. Blair 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 2014-11-03 with Business & Economics categories.
More than any other area of regulation, antitrust economics shapes law and policy in the United States, the Americas, Europe, and Asia. In a number of different areas of antitrust, advances in theory and empirical work have caused a fundamental reevaluation and shift of some of the assumptions behind antitrust policy. This reevaluation has profound implications for the future of the field. The Oxford Handbook of International Antitrust Economics has collected chapters from many of the leading figures in antitrust. In doing so, this two volume Handbook provides an important reference guide for scholars, teachers, and practitioners. However, it is more than a merely reference guide. Rather, it has a number of different goals. First, it takes stock of the current state of scholarship across a number of different antitrust topics. In doing so, it relies primarily upon the economics scholarship. In some situations, though, there is also coverage of legal scholarship, case law developments, and legal policies. The second goal of the Handbook is to provide some ideas about future directions of antitrust scholarship and policy. Antitrust economics has evolved over the last 60 years. It has both shaped policy and been shaped by policy. The Oxford Handbook of International Antitrust Economics will serve as a policy and research guide of next steps to consider when shaping the future of the field of antitrust.
The Oxford Handbook Of International Antitrust Economics
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Author : Roger D. Blair
language : en
Publisher: Oxford Handbooks
Release Date : 2015
The Oxford Handbook Of International Antitrust Economics written by Roger D. Blair and has been published by Oxford Handbooks this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Business & Economics categories.
More than any other area of regulation, antitrust economics shapes law and policy in the United States, the Americas, Europe, and Asia. In a number of different areas of antitrust, advances in theory and empirical work have caused a fundamental reevaluation and shift of some of the assumptions behind antitrust policy. This reevaluation has profound implications for the future of the field. The Oxford Handbook of International Antitrust Economics has collected chapters from many of the leading figures in antitrust. In doing so, this two volume Handbook provides an important reference guide for scholars, teachers, and practitioners. However, it is more than a merely reference guide. Rather, it has a number of different goals. First, it takes stock of the current state of scholarship across a number of different antitrust topics. In doing so, it relies primarily upon the economics scholarship. In some situations, though, there is also coverage of legal scholarship, case law developments, and legal policies. The second goal of the Handbook is to provide some ideas about future directions of antitrust scholarship and policy. Antitrust economics has evolved over the last 60 years. It has both shaped policy and been shaped by policy. The Oxford Handbook of International Antitrust Economics will serve as a policy and research guide of next steps to consider when shaping the future of the field of antitrust.
The Law Of Patents
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Author : Craig Allen Nard
language : en
Publisher: Aspen Publishing
Release Date : 2022-10-27
The Law Of Patents written by Craig Allen Nard and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-27 with Law categories.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. This comprehensive and up-to-date casebook on the law of patents features helpful introductory text, technologically-accessible cases, detailed comments, comparative, policy, and patent reform perspectives. The new Fifth Edition offers up-to-date Federal Circuit and Supreme Court case law, including Helsinn, Impression Products, Halo, and Promega, as well as detailed comments following the principal cases. This edition also features enhanced policy and comparative perspectives, as well as additional materials on patent reform perspectives (e.g. America Invents Act). New to the 5th Edition: Up-to-date federal circuit and Supreme Court case law, including Helsinn, Impression Products, and Halo Detailed substantive comments following the principal cases More statistics and charts, particularly relating to USPTO decision making and PTAB inter partes review Enhanced Policy and Comparative Perspectives Enhanced Patent Reform Perspectives (e.g. America Invents Act) Patent statute (both pre- and post-AIA) included in the back of the book Greater citation and discussion of patent law academic and empirical literature New and updated PowerPoint slides and companion website Professors and students will benefit from: Richness in doctrine, policy, and theory Concise, but thorough coverage Logical and accessible sequencing of chapters Helpful introductions to each chapter, transitional text within sections, and introductions and background information for most cases Detailed comments sections follow the cases, delving into the doctrine and policy, and comparative perspectives Perspectives throughout that provide stimulating points for discussion
Report And Recommendations
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Author : United States. Antitrust Modernization Commission
language : en
Publisher:
Release Date : 2007
Report And Recommendations written by United States. Antitrust Modernization Commission 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.
Findings And Recommendations Of The Antitrust Modernization Commission
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Author : United States. Congress. House. Committee on the Judiciary. Antitrust Task Force
language : en
Publisher:
Release Date : 2007
Findings And Recommendations Of The Antitrust Modernization Commission written by United States. Congress. House. Committee on the Judiciary. Antitrust Task Force and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
Antitrust Modernization Commission Report And Recommendations
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Author :
language : en
Publisher:
Release Date : 2007
Antitrust Modernization Commission Report And Recommendations written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Pharmaceutical Innovation Competition And Patent Law
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Author : Josef Drexl
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Pharmaceutical Innovation Competition And Patent Law written by Josef Drexl 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 2013-01-01 with Law categories.
Public health, safety and access to reasonably priced medicine are common policy goals of pharmaceutical regulations. As both the context for innovation and competitive structure change, industry actors dynamically challenge the balance between the incentive for protection and the achievement of those policy goals. Considering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination. The contributors to this book, including academics, judges and practitioners from Europe, the US and Japan, explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicine and health care. Addressing fundamental questions in the field of pharmaceutical innovation, this book will appeal to scholars and practitioners in intellectual property, competition law and life sciences regulation, as well as pharmaceutical companies and regulators.
Compatibility Of Transactional Resolutions Of Antitrust Proceedings With Due Process And Fundamental Rights Online Exhaustion Of Ip Rights
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Author : Bruce Kilpatrick
language : en
Publisher: Springer
Release Date : 2016-06-08
Compatibility Of Transactional Resolutions Of Antitrust Proceedings With Due Process And Fundamental Rights Online Exhaustion Of Ip Rights written by Bruce Kilpatrick and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-08 with Law categories.
This book provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition laws with regard to a number of key countries. The first part of the book examines the consistency and compatibility of transactional resolutions of antitrust proceedings (such as settlement procedures, leniency programmes and commitments) with due process and the fundamental rights of the parties. This is a particularly important topic, given the widespread adoption of these procedures by anti-trust authorities worldwide. The individual chapters consider how the leniency, settlement and commitments procedures have developed across a range of jurisdictions, and discuss the extent to which checks and balances have been applied in those national procedures in order to safeguard the fundamental rights of the parties involved. A detailed international report identifies general trends and highlights the differences between and most interesting features of national regulations. The second part of the book gathers contributions from various jurisdictions on the unfair competition-related question of the online exhaustion of IP rights. As commerce is increasingly moving online, the respective chapters consider the extent to which exhaustion and similar concepts have adapted to these rapid changes. The comprehensive and insightful international report brings together these reflections by comparing various national positions. The book also includes the resolutions passed by the General Assembly of the LIDC following a debate on each of these topics, which include proposed solutions and recommendations. The international League of Competition Law (LIDC) is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.