The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere. This volume examines a range of issues relating to the inter-relationships between competition policy, intellectual property rights and international trade and investment flows in today's global and knowledge-based economy It builds on existing scholarly contributions, enforcement experience, and theoretical and applied perspectives from around the globe The volume is inter-disciplinary in nature (embracing both legal and economic approaches), and reflects both academic and practitioners' perspectives.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
List of Tables List of Figures List of Boxes List of Editors and Contributors – Preface Editorial Note 1. Introduction: Towards a Fresh Contribution to a Critical Policy Dialogue Part I: Setting the Scene: Evolution of Key Principles and International Dialogue 2. The Application of Competition Policy vis-à-vis Intellectual Property Rights: The Evolution of Thought Underlying Policy Change 3. The WTO TRIPS Agreement as a Platform for Application of Competition Policy to the Contemporary Knowledge Economy 4. Competition Policy in WIPO’s Development Agenda 5. Fair Enough? Reconciling Unfair Competition with Competition Policy 6. The Competition Policy Roots of Intellectual Property Law: A Reflection 7. Intellectual Property as a Tool of Product Differentiation, and the Role of Competition Policy: A Unifying Perspective Part II: Sharpening the Focus: Sectoral Perspectives 8. Technical Standards, Intellectual Property and Competition: A Holistic View 9. Standard-Setting Organizations and FRAND Licensing 10. Digital Disruption and the Reshaping of Markets for IP: What This Means for Trade and Competition Policy 11. Information and Communications Technologies: Bridging the Digital Divide Through the Right Mix of Competition Policy and Intellectual Property 12. Patent Exhaustion and Seeds: Implications of the US Supreme Court Opinion in Bowman v. Monsanto (2013) 13. Competition Policy and Intellectual Property: Insights from Developed Country Experience 14. Competition Policy in Copyright Law 15. Copyright and Content Aggregation: Competition Law as an Engine of Licenses 16. Rethinking Trademarks and Competition: When is a Brand a Barrier to Market Entry? Part III: Deepening the Dialogue: Comparative and Jurisdictional Analyses 17. Competition Agency Guidelines and Policy Initiatives Regarding Intellectual Property in the BRICS and Other Major Jurisdictions: A Comparative Analysis 18. The Treatment of Patent Pools: Economic Underpinnings and Comparative Developments 19. Competition Policy, Intellectual Property and Network Industries: Post-1995 Enforcement Experience in the US and EU 20. Reverse Patent Settlement Agreements in the Pharmaceutical Sector: Enforcement and Regulatory Issues in a Comparative Perspective 21. Product Switching: Valid Commercial Strategy or Anti-Competitive Consumer Coercion? A Legal and Comparative Perspective 22. Enforcement of Competition Law in Relation to Intellectual Property in the European Union 23. The Evolution of Unfair Competition Policy in Chile: Foundations, Enforcement Experience and Significance vis-à-vis Intellectual Property Rights 24. Competition Policy and Intellectual Property Rights: A Perspective from Pakistan Part IV: Drawing the Lessons: Towards International Policy Coherence 25. International Antitrust: Edging Towards a Global Framework with Our Feet on the Ground 26. Time to Look Afresh at the International Dimension of Competition Policy and Intellectual Property? Some Concluding Observations Index