Download or read book Intellectual Property Rights at the Crossroad Between Monopolization and Abuse of Dominant Position written by Emanuela Arezzo and published by . This book was released on 2014 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: As intellectual property rights have encountered an expansive trend throughout the world, the debate on the relation between IPRs and competition law has regained enormous attention.The discussion about whether antitrust law is (or should) be the most appropriate instrument to constraint an over-expansionist application of IPRs has found strong supporters and opponents on both sides of the Atlantic.However, American courts and European agencies have adopted a quite different approach in the treatment of anticompetitive conduct favored by the exploitation of an intellectual property right. Namely, American courts have shown a tendency to refrain competition law tools from interfering with intangible monopolies, while European agencies have severely constrained monopolists' conduct that - in the most common example - use IPRs to leverage their dominant position in a second market.This paper aims at studying and comparing the diverse approaches outlined above starting the analysis from the normative and conceptual difference between American monopolization and attempt to monopolize claims and European abuse of dominant position. As we will see, significant differences exist between these doctrines which have exerted a significant impact on the way courts apply competition tools towards IPRs.
Download or read book Abuse of Dominant Position New Interpretation New Enforcement Mechanisms written by Mark-Oliver Mackenrodt and published by Springer Science & Business Media. This book was released on 2008-07-25 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty’s prohibition of abuses of dominant positions. Also, it has instigated a debate about the promotion of private enforcement of EC competition law. On the former subject, the Commission published a Discussion Paper in 2005; on the latter, a Green Paper in 2005, followed by a White Paper in 2008. The chapters in this volume critically appraise the Commission’s proposals, including the most recent ones. The authors also highlight the repercussions of the proposed ‘more economic approach’ to abuses of dominant positions on private litigants’ opportunities to bring damages actions in national courts for such abuses.
Download or read book Research Handbook on Abuse of Dominance and Monopolization written by Pınar Akman and published by Edward Elgar Publishing. This book was released on 2023-01-20 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook offers a comprehensive and state-of-the-art collection on the competition law (antitrust) prohibition of abuse of a dominant position and monopolization. It draws from the long and influential traditions of leading jurisdictions such as the European Union and the United States to analyse applicable rules and policy in these jurisdictions. It also takes a comparative approach to identify common threads and differences.
Download or read book Rethinking Intellectual Property written by Gustavo Ghidini and published by Edward Elgar Publishing. This book was released on 2018 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book IP and Antitrust An Analysis of Antitrust Principles Applied to Intellectual Property Law 3rd Edition written by Hovenkamp, Janis, Lemley, Leslie, Carrier and published by Wolters Kluwer. This book was released on 2016-01-01 with total page 3280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intellectual Property Law and Policy Volume 10 written by Hugh Hansen and published by Bloomsbury Publishing. This book was released on 2008-03-26 with total page 1120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hart Publishing is pleased to announce that it has recently become publisher of this prestigious and much valued work. The 15th Annual volume in the series collects the presentations and discussion from the Annual Fordham IP Conference. The contributions, by leading world experts, analyze the most pressing issues in copyright, trademark and patent law as seen from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its predecessors, seeks to make a lasting contribution to discourse in IP law; few of the chapters are merely descriptive, and most raise questions of policy or discuss new developments. Praise for the Fordham International Intellectual Property Conference: "This must be one of the most enjoyable and thought-provoking conferences in the IP field. The high quality of the speakers is matched by the intense, audience-led debates and challenges which follow." Hugh Laddie, (formerly Mr. Justice Laddie) University College, London and consultant to Rouse & Co, Willoughby & Partners. "Faculty for this conference are always well-known 'names' well respected leaders in their fields, speaking with a combination of candor and timeliness that is unrivaled by any other forum of its kind." The Honorable Marybeth Peters, Register of Copyrights, United States Copyright Office.
Download or read book Intellectual Property Market Power and the Public Interest written by Inge Govaere and published by Peter Lang. This book was released on 2008 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main objective of the contributions to this book is to bring together two seemingly different strands of thought: the competition-law analysis of the exercise of intellectual property, and the discussion about the proper limits of protection, which at present takes place inside the intellectual property community. Both are burdened with their own problems, particularly so in Europe, where market integration and the divide between exclusionary and exploitative abuses ask for a more dimensional approach, and where the shaping of intellectual property protection is under not only the influence of many interests and policies, but a multi-level exercise of the Community and its member states. The question is whether, nevertheless, there is a common concern, or whether the frequently asserted convergence of the operation and of the goals of competition law and intellectual property law does not mask a fundamental difference - namely that of, on the one hand, protecting freedom of competition against welfare-reducing restrictions of competition only, and, on the other, limiting the protection of exclusive rights in the (public) interest of maintaining free access to general knowledge. The purpose of the workshop held in 2007 at the College of Europe, Bruges, and whose results are published here, was to ask which role market power plays in either context, which role it may legitimately play, and which role it ought not to play. A tentative answer might be found in the general principle that, just as intellectual property does not enjoy a particular status under competition law, so competition law may not come as a white knight to rescue intellectual property protection from itself. However, the meaning of that principle differs according to both the context of the acquisition and the exploitation of intellectual property, and it differs from one area of intellectual property to the other. Therefore, an attempt has also been made to cover more facets of the prism-like complex of problems than is generally done.
Download or read book The Devil Is in the Details Analysis of Substantial Market Power in Fijian Markets written by Releshni Karan Reddy and published by Scientific Research Publishing, Inc. USA. This book was released on 2022-07-13 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fiji, being remotely located with a small population, does not attract many players to its economy. Fewer players with large market shares coupled with high barriers to entry allow firms with substantial market power (“SMP”) to form. This research aims to explore the existence of SMP amongst selected markets and the adequacy of Fiji’s regulatory law, which is inspired by the US and EU competition regulation models. Based on the analysis of competition cases and in-depth interviews with members of the Fijian competition authority, the research examines how FCCC has dealt with the issues of testing SMP in relevant markets. Three industries were randomly selected as case studies. These were the telecommunications industry, shipping industry and the LPG industry. SMP was tested using a three-stage test. Stage One was choosing the relevant market and Stage Two was analysing the market conditions such as market shares of players and barriers to entry. Stage Three was analysing whether the player could maintain its price independently of its consumers and competitors. If Stages Two and Three was affirmative in respect of Stage One, SMP was held to exist. Legislation was closely examined to identify and verify the test of firms holding SMP. The results show existence of firms holding SMP in the chosen markets in telecommunications, shipping and LPG sectors. Competition legislation in Fiji does not limit the mere existence of SMP but punishes abuse of its SMP. The results identify the ways in which the authority seeks to adjust its competition system to the particularities of a small developing country, in terms of legislation, economy, culture and institutional framework. The existing legislation needs to be reformed to include provisions identifying tests for SMP. The study reveals inconsistencies between the formal provisions of the competition law and the manner in which it is applied and advances recommendations for improvement.
Download or read book IP and Antitrust written by Christina Bohannan and published by Aspen Publishers Online. This book was released on 2013 with total page 2686 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Refusals to License Intellectual Property written by Ian Eagles and published by Bloomsbury Publishing. This book was released on 2011-12-15 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic analysis rarely appears on the judicial horizon in intellectual property litigation. In competition cases, by contrast, economists are familiar figures in the courtroom and the language of economics is scattered throughout the judgments of even the highest courts. One might expect, therefore, that refusals to license intellectual property would generate the same fruitful symbiosis between law and economics when those refusals surface in competition proceedings. This however, has not been how the law on this subject has developed in most jurisdictions. Courts and enforcement agencies faced with a unilateral refusal to license have instead tended to retreat into sketchily articulated black letter rules and presumptions which then have to be fenced off from the rest of competition law by economically irrelevant qualifications and distinctions based on private law categorisations of, and rationales for, individual intellectual property rights. This bypassing of case-by-case analysis in favour of more traditional modes of legal reasoning is not entirely the fault of lawyers. Economists have contributed to this state of affairs by urging judges and regulators to convert empirically undernourished theories about the proper role of intellectual property in a market economy into rules of law and evidentiary presumptions intended to be binding in future cases. How this came about and what it means for the future of effective competition enforcement globally are the twin concerns of this book.
Download or read book Innovation Competition and Consumer Welfare in Intellectual Property Law written by Gustavo Ghidini and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Ghidini has long since made himself a worldwide reputation as a leading scholar. He is a profound critic of intellectual property protection that follows rigid property logic, and favours the functionalist competition/innovation logic. Innovation, Competition and Consumer Welfare in Intellectual Property Law is truly enriching reading. Hanns Ullrich, College of Europe, Bruges, Belgium We in the United States have much to learn not only from Gustavo Ghidini s careful analysis of modern trends in the European IP regime but also from his thoughtful development of the thesis that free competition should be understood as the overarching principle guiding both IP protection and what we call antitrust law. Rudolph J.R. Peritz, New York Law School, US and author of Competition Policy in America This authoritative book provides a comprehensive critical overview of the basic IP paradigms, such as patents, trademarks and copyrights. Their intersection with competition law and their impacts on the exercise of social welfare are analysed from an evolutionary perspective. The analyses and proposals presented encompass the features and rationales of a legal field in constant evolution, and relate them to increasingly rapid technological, economic, social and geo-political developments. Gustavo Ghidini highlights the emerging trends that challenge the traditional all-exclusionary vision of IP law and its application. The author expertly combines holistic, evolutionary and constitutionally oriented approaches, with the search for a rebalancing of the IP rights holders positions with citizens and users rights. This book will appeal to academics, scholars and lawyers specializing in the realm of intellectual property, competition and comparative law.
Download or read book Intellectual Property and Biodiversity written by Michelangelo Temmerman and published by Kluwer Law International B.V.. This book was released on 2011-12-12 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biotechnology is at the heart of heated debates about ethics, safety, economic development, and about the control over the biological materials and technologies used. The latter, grossly called biodiversity issues relating to the application of intellectual property, has been the subject of a wealth of literature. Yet, the situation of animal genetic resources specifically has only marginally been addressed so far. Many books and articles address ‘biotechnology and agriculture’, but have only plants and seeds in mind. Case-law and specific regulation is equally scarce. Exacerbated by the so-called ‘erosion of animal genetic resources’, climate change, the globalization of the market-place, and a strong concentration of markets, animal genetic resources however demand specific analysis and adjustments in intellectual property law. The decoupling of rights over animal genetic resources as an abstract concept, from those over the concrete animals is a fact today. The application of patents in this context became a full-fledged part of the management of animal genetic resources. This monograph analyzes against this background the impact of the patent system on ownership traditions in agriculture, on animal welfare, and on biodiversity. It looks at how those factors in turn are likely to affect the shape of patent law, and how they should affect it. The author hereby focuses on important specific issues arising, including the following: the underlying elements deciding on the shape of regulation – innovation, economic development, agriculture, human rights, animal welfare, the conservation of resources, and equal trading conditions; the continuing applicability of trademarks, geographical indications, copyright, and trade secrets; patentability rules and exclusions; the extension of patent rights over progeny; the meaning of ‘essentially biotechnological processes’; the legal definitions of ‘morality’ and ‘ordre public’ in the context of animal welfare; and the future of international patent law in the context of global governance theories. With detailed investigation of how three major jurisdictions – the European Union, the United States, and Canada – have regulated the matter, the book highlights unresolved issues in the laws dealing with animal genetic resources. How do the usual principles of patent law affect ownership over animals in agriculture? To what extent is patent law in accordance with neighbouring fields of regulation, with relation to animal welfare? How can intellectual property be used to alter, stimulate, or tackle developments in the realm of the conservation and promotion of biodiversity? Questions like these are asked, checked upon the more technical country studies; and then used to put to test the adequacy of international patent regulation in a final chapter. As a deeply informed overview of the arguments and discussion points, this is the only book of its kind. It links general discussions to the often technical and complicated patent regulations, in the specific context of animal genetic resources. It is sure to bring lawyers in the field closer to the policy debates; and decision makers closer to the precise idiosyncrasies of patent law.
Download or read book The Law of Unfair Competition Trademarks and Monopolies written by Rudolf Callmann and published by . This book was released on 2008 with total page 1484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China and EU Antitrust Review of Refusal to License IPR written by Dr. Tiancheng Jiang and published by Maklu. This book was released on 2015 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Striking a proper balance between unilateral exercise of intellectual property rights on the one hand and competition rules on the other hand is not an easy exercise. The right owners’ unilateral behaviour of refusal to license is one such delicate issue, particularly for China, considering that it has not been clarif ied within existing competition rules how to assess a right owner’s specif ic unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right owners’ refusal conduct might be considered as an infringement of EU competition rules. In general, Chinese competition law has been modelled after the EU competition rules. This book firstly examines the EU approaches on dominant undertakings’ refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to China’s anti-monopoly practice.
Download or read book Gowers Review of Intellectual Property written by Andrew Gowers and published by The Stationery Office. This book was released on 2006-12-06 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the importance of intellectual property (IP), ranging from patents, copyright, design and trade marks, and whether in the age of globalization, digitization and increasing economic specialization it still creates incentives for innovation, without unduly limiting access to consumers and stifling further innovation. The report does recommend a radical overhaul of the system, with the review concentrating on three areas, and setting out the following recommendations: (i) strengthening enforcement of IP rights, whether through clamping down on piracy or trade in counterfeit goods; (ii) reducing costs of registering and litigating IP rights for businesses large and small; (iii) improving the balance and flexibility of IP rights to allow individuals, businesses and institutions to use content in ways consistent with the digital age.
Download or read book Regulating Technological Innovation written by M. Heldeweg and published by Springer. This book was released on 2011-12-12 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the regulatory issues of fostering technological innovation and its applications this book combines legal, economic and administrative science perspectives. It answers important questions such as what type of regulatory framework would best fit the needs of technology and innovation developments?
Download or read book Bits of Power written by Committee on Issues in the Transborder Flow of Scientific Data and published by National Academies Press. This book was released on 1997-08-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since Galileo corresponded with Kepler, the community of scientists has become increasingly international. A DNA sequence is as significant to a researcher in Novosibirsk as it is to one in Pasadena. And with the advent of electronic communications technology, these experts can share information within minutes. What are the consequences when more bits of scientific data cross more national borders and do it more swiftly than ever before? Bits of Power assesses the state of international exchange of data in the natural sciences, identifying strengths, weaknesses, and challenges. The committee makes recommendations about access to scientific data derived from public funding. The volume examines: Trends in the electronic transfer and management of scientific data. Pressure toward commercialization of scientific data, including the economic aspects of government dissemination of the data. The implications of proposed changes to intellectual property laws and the role of scientists in shaping legislative and legal solutions. Improving access to scientific data by and from the developing world. Bits of Power explores how these issues have been addressed in the European Community and includes examples of successful data transfer activities in the natural sciences. The book will be of interest to scientists and scientific data managers, as well as intellectual property rights attorneys, legislators, government agencies, and international organizations concerned about the electronic flow of scientific data.
