This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the ‘more economic approach’ and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Preface Part I: Overarching Policies and Economic Theories - 1. Competition Law and Intellectual Property Rights – Outline of an Economics-based Approach. 2. Is There a ‘More Economic Approach’ to Intellectual Property and Competition Law? 3. The Contestability of IP-Protected Markets. 4. Assessing the Effects of Intellectual Property Rights in Network Standards Part II: Contractual Arrangements. 5. The New EC Competition Law Framework for Technology Transfer and IP Licensing. 6. Patent Pools – Policy and Problems. 7. The Competitive Effects of Patent Field-of-Use Licences. 8. Patent and Know-How Licences under the Japanese Antimonopoly Act Part III: Unilateral Restraints - 9. Unilateral Refusal to License Indispensable Intellectual Property Rights – US and EU Approaches. 10. Patent Power and Market Power: Rethinking the Relationship between Intellectual Property Rights and Market Power in Antitrust Analysis. 11. Making Antitrust and Intellectual Property Policy in the United States: Requirements Tie-ins and Loyalty Discounts Part IV: Merger Control - 12. New Technologies and Mergers Part V: The Effect of IP Laws As Such On Competition - 13. Limiting IP Protection for Competition Policy Reasons – A Case Study on the EU Spare-Parts-Design Discussion. 14. One, None, or a Hundred Thousand: How Many Layers of Protection for Software Innovations? 15. Development of the Economics of Coypright Part VI: National IP Rights and Cross-Border Competition - 16. Intellectual Property, the Internal Market and Competition Law. 17. The Exhaustion/Competition Interface in EC Law – Is There Room for a Holistic Approach? 18. Competition Policy and Intellectual Property in the WTO: More Guidance Needed? Index