Standardization Under Eu Competition Rules And Us Antitrust Laws
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Standardization Under Eu Competition Rules And Us Antitrust Laws
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Author : Björn Lundqvist
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-05-30
Standardization Under Eu Competition Rules And Us Antitrust Laws written by Björn Lundqvist 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 2014-05-30 with Law categories.
Offering in-depth analysis of the case law currently being written in courtrooms all over the world under the so-called •patent warê, the book puts forward a new method for applying competition law to standards and standard-setting _ in both its collus
Standardization Under Eu Competition Rules And Us Antitrust Laws
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Author : B. Lundqvist
language : en
Publisher:
Release Date : 2014-01-01
Standardization Under Eu Competition Rules And Us Antitrust Laws written by B. Lundqvist and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-01 with categories.
Standardization under EU Competition Rules and US Antitrust Laws is a comprehensive and detailed legal analysis of standard-setting procedure and the regulation of standard essential patents. It deals with the competition law aspects of competitors' collaboration to create technical standards, as well as the contentious antitrust issues regarding access to standards and standard essential patents.
Innovation Markets And Competition Analysis
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Author : Marcus Glader
language : en
Publisher: Edward Elgar Publishing
Release Date : 2006-01-01
Innovation Markets And Competition Analysis written by Marcus Glader 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 2006-01-01 with Law categories.
The book is warmly recommended to practitioners and academics from both the legal and the economic field. Guido Westkamp, Journal of Intellectual Property Law and Practice . . . Glader offers strong commentary and case explanation, coupled with insightful analysis, in this complex area. . . This book is strong on both the relevant law, and the economics arena in which the law must be applied, and deals equally well with the US and EC principles and practice. Mark Furse, European Competition Law Review The pace and scope of technological change is increasing, but some innovative technologies take years before they give rise to saleable products. Before they do, there is competition in ideas and research, but the ideas cannot be market tested, because there are no products or services to offer to consumers. Competition law, in Europe and the USA, cannot be applied to competition in research for innovation as if it was competition between products. Completely different problems arise and a completely different approach is needed. This book, the first on innovation markets, shows how this new approach has been used by competition authorities on both sides of the Atlantic in a wide variety of cases. It analyses in depth and detail the comparative law and economics of the problems arising from the different stages of these markets . It considers how far conclusions can be drawn about the future and comes to interesting, practical and sensible conclusions. And it avoids both unjustified scepticism and exaggerated enthusiasm about the theories of innovation markets. John Temple Lang, Cleary Gottlieb Steen & Hamilton LLP, Brussels and London; Trinity College Dublin, Ireland and Oxford University, UK This book examines the legal standards and their underlying economic rationale for the protection of competition in the innovation process, in both European competition law and American antitrust law. Apart from relevant regulatory frameworks, the author also reviews a range of case laws, which assess whether a transaction or unilateral conduct would limit market participants incentives and abilities for continued innovation and future competition. At the centre of this study is the innovation market concept. This concept entails the delineation, for purposes of antitrust analysis, of an upstream market for competing R&D. Questions of market definition, the assessment of innovation competition in defined markets, the role of efficiencies in the appraisal of transactions and possible remedies to alleviate anti-competitive effects are also explored. Updating the field of research in light of new developments and broadening and deepening the categorization and analysis of the innovation market area, this book will be of great interest to academics, practitioners and consultants, and also public policymakers.
Deciphering Ip Law And Its Conflict And Complementarity With Competition Law
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Author : Kung-Chung Liu
language : en
Publisher: Taylor & Francis
Release Date : 2025-02-28
Deciphering Ip Law And Its Conflict And Complementarity With Competition Law written by Kung-Chung Liu and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-28 with Law categories.
This book introduces a general theory of intellectual property (IP) law, highlighting its importance and relevance in addressing complex IP issues in the digital economy, which often intersect with competition law. The book argues for the need for a unified theory of IP to elevate it as a discipline in its own right, while recognizing the diversity and nuance of IP laws. It explores how such a theory can address the challenges posed by the knowledge economy, the platform economy, the data-driven economy, and generative AI. The book views IP as a market regulatory mechanism designed to remedy market failures in public goods by providing sufficient protection to incentivize human creation and its operation and sharing across societies. It also emphasizes the need for competition law when IP oversteps its legitimate boundaries and becomes the source of other market failures. The study critically examines the TRIPS Agreement and many established stereotypes of IP theories and regimes. It offers a global perspective with a special focus on Asian considerations. The title will be essential reading for scholars, students, practitioners, and policymakers interested in regulatory reform and the evolving landscape of intellectual property law and its interaction with competition law in the digital age.
Uses And Misuses Of International Economic Law
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Author : Moritz J. K. Blenk
language : en
Publisher: Mohr Siebeck
Release Date : 2022-09-12
Uses And Misuses Of International Economic Law written by Moritz J. K. Blenk and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-12 with Law categories.
Standardization is a classic form of rulemaking. Nonetheless, it is notoriously diffuse and gives rise to questions and debate; in particular over the standards' normativity, legitimacy and nature - whether public or private, national or international. Moritz J. K. Blenk applies a policy-orientated approach to international law to comparatively analyze the role of private rulemaking within the context of international economic integration in the World Trade Organization and the European Union. He thereby aims to elucidate the opaque phenomenon of private standardization from a legal perspective and, more profoundly, shed new light on economic integration.
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.
Intellectual Property Rights And Competition In Standard Setting
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Author : Valerio Torti
language : en
Publisher: Routledge
Release Date : 2015-10-05
Intellectual Property Rights And Competition In Standard Setting written by Valerio Torti and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-05 with Law categories.
Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.
The Law Of Political Economy
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Author : Poul F. Kjaer
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-23
The Law Of Political Economy written by Poul F. Kjaer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-23 with Law categories.
"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--
Competition Law And Standard Essential Patents
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Author : Urska Petrovic
language : en
Publisher:
Release Date : 2014
Competition Law And Standard Essential Patents written by Urska Petrovic and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Antitrust law categories.
Introduction --Standards and Standard Essential Patents --The Interplay between Intellectual Property Rights and Competition Law --The SEP Owner's Market Power --Deceptive Conduct during the Standardization Process --Strategic Licensing Practices --Interim Observations: Divergences, Legal Gaps, and Legal Uncertainty --Antitrust Remedies --Mechanisms Preventing Disputes in the SEP Context: The Informal Antitrust Intervention --Conclusion.
Developments And Directions In Intellectual Property Law
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Author : Hayleigh Bosher
language : en
Publisher: Oxford University Press
Release Date : 2023
Developments And Directions In Intellectual Property Law written by Hayleigh Bosher 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 2023 with Law categories.
Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of the award-winning intellectual property blog, The IPKat. Bringing together eminent practitioners, academics, and former contributors, this book reflects on the most important developments in intellectual property law, policy, and practice.