"It has become a truism in today's world that intellectual property rights (IPRs) have taken the place of access to commodities in the traditional economy. Device producers have increasingly adopted a software-centric approach, whilst high-tech companies' revenues depend ultimately on their ability to innovate. It thus happens that companies, in addition to competing through new product development, frequently use IPR-based litigation to delay competitors' access to the market. In such conditions, antitrust law is the obvious tool to address competition concerns. This book focuses on the convergent roles of competition law and regulation of IPRs in the context of the European Single Market. The perspectives of the expert authors - judges, academics, and lawyers who gathered in Rome in 2009 for the Annual Conference of the Association of European Competition Law Judges - disentangle and efficiently recombine the diverse threads woven into this complex pattern; the rapidly evolving technical environment, the decentralization process inherent in the 'Community acquis', and the lack of a single effective European jurisdiction for IPRs. Particular attention is paid to the latter, with its additional and unnecessary costs of enforcement through duplicate efforts, and divergent outcomes in multiple litigations in national jurisdictions, making litigation strategies an exercise in forum shopping and inducing delay strategies"--Page 4 of cover.
Note
Überarb. Diskussionsbeitr. der 8. Annual Conference der Association of European Competition Law Judges, Rom, 2009.
Bibliography, etc. Note
Includes bibliographical references and index
Formatted Contents Note
1. Competition and regulation of intellectual property rights for the achievement and functioning of the internal market 2. The bride and the groom. On the intersection between intellectual property and antitrust law 3. Intellectual property rights and merger control: how to secure incentives to innovate in the long run 4. Oligopoly and the prisoners' dilemma: how about intellectual property rights? 5. Standards under EU competition law: the open issues 6. The interplay between standardization, IPR and competition law 7. Case note: some thoughts on the Rambus Case - patent ambush on two sides of the ocean 8. Group innovation and patent pools: the role of the courts - the balance between competitive and anticompetitive effects 9. Negotiated foreclosure and IPRs: recent developments 10. The EU pharmaceutical sector inquiry: new forms of abuse and article 102 TFEU 11. Industrial property and abuse of dominant position in the pharmaceutical market: some thoughts on the AstraZeneca judgment of the EU general court 12. Competition law and copyright: observations from the world of collecting societies 13. New levels of protection for shapes: a consideration of three-dimensional trademarks and registered models 14. Single-firm conduct: a discipline in search of itself 15. Estimating damages to competitors from exclusionary practices in Europe: a review of the main issues in the light of National Courts' experience 16. Intellectual property and refusal to deal: 'Ad Hoc' versus 'categorical' balancing 17. Exercise of patent rights under Japanese anti-monopoly prevention law: a comparative law perspective 18. A primer on competition and IP law: a US-EU perspective on private enforcement 19. The relationship between IP rights and competition: report from an Italian point of view 20. Antitrust and intellectual property: reflections on the experiences of AGCM 21. The jurisdiction of Italian judges in enforcing antitrust law: problems and solution 22. Developments in competition law in the English Courts 23. Report on competition law enforcement in the United Kingdom 24. The Swedish asphalt cartel case.