The Software Interface Between Copyright And Competition Law

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The Software Interface Between Copyright And Competition Law

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Author : Ashwin van Rooijen
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01

The Software Interface Between Copyright And Competition Law written by Ashwin van Rooijen 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 2010-01-01 with Law categories.

The success of computer programs often depends on their ability to interoperate ' or communicate ' with other systems. In proprietary software development, however, the need to protect access to source code, including the interface information

The Software Interface Between Copyright And Competition Law

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Author : Ashwin van Rooijen (jurist)
language : en
Publisher:
Release Date : 2010

The Software Interface Between Copyright And Competition Law written by Ashwin van Rooijen (jurist) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 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.

The First Openforum Academy Conference Proceedings

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Author : Shane Coughlan
language : en
Publisher: Lulu.com
Release Date : 2012-09-09

The First Openforum Academy Conference Proceedings written by Shane Coughlan and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-09 with Computers categories.

The First OpenForum Academy Conference Proceedings collects essays by our Fellows about different aspects of openness and open innovation. It reflects our on-going mission to explore, advance and codify this important field.

The Interface Between Intellectual Property Rights And Competition Policy

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Author : Steven D. Anderman
language : en
Publisher: Cambridge University Press
Release Date : 2007-05-10

The Interface Between Intellectual Property Rights And Competition Policy written by Steven D. Anderman 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 2007-05-10 with Law categories.

The purpose of this book is to examine the experience of a number of countries in grappling with the problems of reconciling the two fields of competition policy and intellectual property rights. The first part of the book indicates the variation in legislative models as well as the wide variety of judicial and administrative doctrines that have been used. The jurisdictions selected for study are the three major trading blocks with the longest experience of case law (the EU, the USA and Japan) and three less populous countries with open economies (Australia, Ireland and Singapore). In the second part of the book we look at a number of issues closely related to the interface between competition law and intellectual property rights. Separate chapters analyse the issue of parallel trading and exhaustion of IPRs, the issue of technology transfer, and the economics of the interface between intellectual property and competition law.

Beyond The Code

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Author : Noam Shemtov
language : en
Publisher: Oxford University Press
Release Date : 2017

Beyond The Code written by Noam Shemtov 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 2017 with Computers categories.

A unique and timely perspective on the area of copying of functional and non-literal elements of software in the United States and European Union.

Eu Competition Law Data Protection And Online Platforms Data As Essential Facility

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Author : Inge Graef
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-10-17

Eu Competition Law Data Protection And Online Platforms Data As Essential Facility written by Inge Graef 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 2016-10-17 with Law categories.

All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.

Personal Data In Competition Consumer Protection And Intellectual Property Law

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Author : Mor Bakhoum
language : en
Publisher: Springer
Release Date : 2018-11-02

Personal Data In Competition Consumer Protection And Intellectual Property Law written by Mor Bakhoum and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-02 with Law categories.

This book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies’ collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data.

Rethinking Intellectual Property

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Author : Gustavo Ghidini
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018

Rethinking Intellectual Property written by Gustavo Ghidini 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 2018 with Law categories.

Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.

Research Handbook On Eu Internet Law

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Author : Andrej Savin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-09-26

Research Handbook On Eu Internet Law written by Andrej Savin 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 2014-09-26 with Law categories.

This innovative book provides an overview of the latest developments and controversies in European Internet law. It is grouped in sections that correspond to the most disputed areas, looking consecutively at policy and governance, copyright, private in