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Intellectual Property and Competition Law : New Frontiers.
Anderman, Steven., Ezrachi, Ariel. Editors.; Alden Abbott, Steven Anderman, Kevin Arquit, Roger G. Brooks, Michael Carrier, Philippe Chappatte, Simon Constantine, Katrazyna Czapraca, Robbie Downing, Josef Drexl, Stefan Enchelmaier, Ariel Ezrachi, Ian Forrester, Damien Geradin, Andreas Heinemann, Alison Jones, John Kallaugher, Nicholas Kim, Thomas Kramler, Sophie Lawrance, Rudolph Peritz, Simon Priddis, Hedvig Schmidt, Pat Treacy, Mariateresa Maggiolino, Cecilo Madero Villarejo, Vladimir Bastidas Venegas. Paul Walter. Contributors.
2011
Available at WIPO Library
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Details
Title
Intellectual Property and Competition Law : New Frontiers.
Author
Anderman, Steven., Ezrachi, Ariel. Editors.
Alden Abbott, Steven Anderman, Kevin Arquit, Roger G. Brooks, Michael Carrier, Philippe Chappatte, Simon Constantine, Katrazyna Czapraca, Robbie Downing, Josef Drexl, Stefan Enchelmaier, Ariel Ezrachi, Ian Forrester, Damien Geradin, Andreas Heinemann, Alison Jones, John Kallaugher, Nicholas Kim, Thomas Kramler, Sophie Lawrance, Rudolph Peritz, Simon Priddis, Hedvig Schmidt, Pat Treacy, Mariateresa Maggiolino, Cecilo Madero Villarejo, Vladimir Bastidas Venegas. Paul Walter. Contributors.
Alden Abbott, Steven Anderman, Kevin Arquit, Roger G. Brooks, Michael Carrier, Philippe Chappatte, Simon Constantine, Katrazyna Czapraca, Robbie Downing, Josef Drexl, Stefan Enchelmaier, Ariel Ezrachi, Ian Forrester, Damien Geradin, Andreas Heinemann, Alison Jones, John Kallaugher, Nicholas Kim, Thomas Kramler, Sophie Lawrance, Rudolph Peritz, Simon Priddis, Hedvig Schmidt, Pat Treacy, Mariateresa Maggiolino, Cecilo Madero Villarejo, Vladimir Bastidas Venegas. Paul Walter. Contributors.
Description
xl, 495 pages ; 24 cm
ISBN
9780199589951 Print
Summary
In recent times, commercial activities of companies exercising market power through their intellectual property rights have increasingly come under the scrutiny of the EU competition authorities. Intellectual Property and Competition Law: New Frontiers looks at how the leveraging strategies of Microsoft, the patent enhancement strategies of Astra Zeneca and Rambus, and the reverse payment settlements in the pharmaceutical sector have all attracted competition intervention, and how the courts have been forced to decide whether intellectual property issues are the primary subject matter of the case, or peripheral to that. Drawing on these judgments, and others, this timely book brings together leading figures from practice and from academia who examine the increasingly complex and often strained relationship between intellectual property and competition law. Focusing primarily on EU law, but with valuable insight into US law, they highlight areas where new frontiers are emerging in the interface between the two, including; refusal to grant access to trade secrets; the new product test in consumer welfare; competition law in the pharmaceutical sector; standard setting; and FRAND (Fair, Reasonable and Non-Discriminatory terms) commitments. The book also considers the way in which the Commission's proposed changes to the application of Article 102 EC may impact on the protection of intellectual property rights. In the post-Microsoft litigation era, this timely book captures the range of current thinking on the subject. The impressive list of contributors brings together leading figures from academia and practice, from intellectual property and competition law, and from law and economics, offering unrivalled expert analysis of this complex area.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
1. The IP and competition interface: new developments
2. Competition within intellectual property regimes: the instance of patent rights
3. Intellectual property rights and competition rules, a complex but indispensable coexistence
4. The economics of antitrust and intellectual property rights
5. Competition law enforcement and refusal to license: the changing boundaries of article 102 TFEU
6. Existence, exercise, and exceptional circumstances: the limited scope for a more economic approach to IP issues under the article 102 TFEU
7. Compulsory licensing in European competition law: the power of the adjective
8. Refusal to grant access to trade secrets as an abuse of market dominance
9. Competition law and innovation: technological integration
10. Margin squeezes in telecommunications markets
11. The pharmaceutical sector, intellectual property rigthts, and competition law in Europe
12. Intellectual property rights and out of court settlements
13. Intellectual property rights and market integration
14. Standard setting and hold-ups under section 5 of the federal trade commission Act
15. Standard setting analysis under US law
16. European competition law, non-practising entities, and FRAND commitments
17. Taking contracts seriously: the meaning of the voluntary commitment to license essential patents on 'fair and reasonable' terms
18. Handcore restrictions technology transfer agreements under regulation (EC) No 772/2004
19. Canaries in the coal mine: Has neo-classical economics lost ground at the intersection of IP licensing and antitrust law in the United States?
20. Shifting towards a dynamic efficiency test?: evaluating licensing agreements under antitrust law.
2. Competition within intellectual property regimes: the instance of patent rights
3. Intellectual property rights and competition rules, a complex but indispensable coexistence
4. The economics of antitrust and intellectual property rights
5. Competition law enforcement and refusal to license: the changing boundaries of article 102 TFEU
6. Existence, exercise, and exceptional circumstances: the limited scope for a more economic approach to IP issues under the article 102 TFEU
7. Compulsory licensing in European competition law: the power of the adjective
8. Refusal to grant access to trade secrets as an abuse of market dominance
9. Competition law and innovation: technological integration
10. Margin squeezes in telecommunications markets
11. The pharmaceutical sector, intellectual property rigthts, and competition law in Europe
12. Intellectual property rights and out of court settlements
13. Intellectual property rights and market integration
14. Standard setting and hold-ups under section 5 of the federal trade commission Act
15. Standard setting analysis under US law
16. European competition law, non-practising entities, and FRAND commitments
17. Taking contracts seriously: the meaning of the voluntary commitment to license essential patents on 'fair and reasonable' terms
18. Handcore restrictions technology transfer agreements under regulation (EC) No 772/2004
19. Canaries in the coal mine: Has neo-classical economics lost ground at the intersection of IP licensing and antitrust law in the United States?
20. Shifting towards a dynamic efficiency test?: evaluating licensing agreements under antitrust law.
Location
Z01 02 HC 44191
E06 PS 3760 A543 I6
E06 PS 3760 A543 I6
Published
Oxford : Oxford University Press, 2011.
Language
English
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