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Patent Misuse and Antitrust Law

Author : Daryl Lim
Publisher : Edward Elgar Publishing
Page : 510 pages
File Size : 38,27 MB
Release : 2013-10-31
Category : Law
ISBN : 0857930184

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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.

Competition and Patent Law in the Pharmaceutical Sector

Author : Giovanni Pitruzzella
Publisher : Kluwer Law International
Page : 0 pages
File Size : 27,46 MB
Release : 2016
Category : Antitrust law
ISBN : 9789041159274

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Editors --Contributors --Foreword --Preface --Pharmaceutical Patents and Competition Issues --What Is Going on in National Systems?

Antitrust, Patents, and Copyright

Author : François Lévêque
Publisher : Edward Elgar Publishing
Page : 262 pages
File Size : 42,43 MB
Release : 2005-01-01
Category : Law
ISBN : 9781781008041

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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.

U.S. Antitrust Law in International Patent and Know-how Licensing

Author : American Bar Association. International Patent and Know-how Licensing Task Force
Publisher :
Page : 100 pages
File Size : 31,97 MB
Release : 1981
Category : Law
ISBN :

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This monograph deals with some of the problems under U.S. antitrust law that may be encountered in international patent and know-how licencing.

The Interplay Between Competition Law and Intellectual Property

Author : Gabriella Muscolo
Publisher : Kluwer Law International B.V.
Page : 566 pages
File Size : 11,42 MB
Release : 2019-01-17
Category : Law
ISBN : 9041186905

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Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields

To Promote Innovation

Author : United States. Federal Trade Commission
Publisher : DIANE Publishing
Page : 315 pages
File Size : 28,97 MB
Release : 2003
Category : Competition
ISBN : 1428952748

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Innovation benefits consumers through the development of new and improved goods, services, and processes. Competition and patents stand out among the federal policies that influence innovation. Both competition and patent policy can foster innovation, but each requires a proper balance with the other to do so. This report by the Federal Trade Commission discusses and makes recommendations for the patent system to maintain a proper balance with competition law and policy.

Intellectual Property Misuse

Author :
Publisher : American Bar Association
Page : 262 pages
File Size : 14,19 MB
Release : 2000
Category : Law
ISBN : 9781570738364

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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.

Competition Policy and Patent Law under Uncertainty

Author : Geoffrey A. Manne
Publisher : Cambridge University Press
Page : 559 pages
File Size : 48,47 MB
Release : 2011-06-13
Category : Business & Economics
ISBN : 1139498533

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Any legal regime must attempt to assess the trade-offs associated with rules that will affect incentives to innovate, allocative efficiency, competition, and freedom of economic actors to commercialize the fruits of their innovative labors. The essays in this book approach this critical set of problems from an economic perspective.