The Interplay Between Competition Law and Intellectual Property: An International Perspective
The Interplay Between Competition Law and Intellectual Property provides for a comparative perspective – on an international basis – on the approaches of different systems between competition law and Intellectual Property (IP). Although competition law and IP are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book’s market-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world’s most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems.
What’s in this book:
With thirty-two contributions written by a wide range of authors, including European and worldwide experts, judges, regulators, academics, economists and practitioners in the field of IP and competition law, this book provides an international comparative perspective as well as a detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following:
- standard essential patents;
- online platforms and antitrust;
- legal assessment of excessive prices;
- automatic injunction in patent cases;
- IP rights between technological development and consumer protection;
- geo-blocking; and
- free movement of goods and the protection of IP rights.
Attention is paid throughout to the increasing dialogue between competition authorities around the world, including clashes of jurisprudence in enforcers’ decisions.
How this will help you:
A matchless remedy for the lack of uniformity of approach heretofore, the book’s investigation of the nexus between competition law and IP in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. Providing information about recent law and case law dealing with the intersection between IP and Competition in various systems, this book will be warmly appreciated by practitioners, regulators, policymakers and academics in both competition law and IP.
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Competition, Intellectual Property and Economics
Collaborative Standardisation and SEP Licensing: A EU Policy Perspective
G. Bruzzone & S. Capozzi
Economic Considerations on Mergers, IPR Licensing and Litigation: A EU Perspective
C. Caffarra & P. Régibeau
Alternative Dispute Resolution in FRAND Licensing: Economic Considerations for an Effective Framework
The “New Madison” v. the “Old Europe” Doctrine: On Re-balancing Competition Policy Towards SEPs
A. Nicita & G. Corda
Proprietary Systems, Innovation and Competition: Is There Any Scope for Aftermarkets?
A. Pezzoli & C. D’Amore
Competition, Intellectual Propertyand the Legal Doctrines
Intellectual Property and Constitution with Particular Reference to the Italian System
Recent Shots on a Familiar Battlefield: Standard Essential Patents
I. Forrester & M. Domecq
Antitrust and Intellectual Property in the United States and The European Union
D.H. Ginsburg, D. Geradin & K. Klovers
SEPs Licensing: A Pro-competitive Determination of FRAND Royalties
G. Ghidini & G. Trabucco
Unified Patent Court & Antitrust
Online Platforms and Antitrust: Where Do We Go from Here?
Reflections on the Legal Assessment of Excessive Prices in EU Competition Law
The Interplay Between Competition and Intellectual Property on the Relevant Markets
The High-Technology Market
Automatic Injunction in Patent Cases and European (Competition) Law
W. Hoyng & A.-C. Hoyng
SEP, NPE, PAE, Trolls and Huawei v. ZTE
The Energy Market
The Electricité De France ‘Blue Ciel’ Trademark Case Between Competition and Intellectual Property: Old or New Form of Abuse of Dominance?
M. Siragusa & F.M. Salerno
The Pharmaceutical Market
Current Issues on Antitrust Enforcement in the UK Pharmaceutical Sector
A. Coscelli, A. Groves & L. Ventura
Competition Law and IP Rights in the Pharmaceutical Sector Between Technological Development, Consumer Protection and Health Care Costs: The Italian Experience
Online Markets, Geo-blocking and Competition
M. Tavassi & G. Bellomo
Patent Pools in the ERA of the ‘Internet of Things’: A Fine Line Between Collusion, Market Power and Efficiencies
M. Lo Bue
The Interaction of Competition, Regulation and IP Rights in Agriculture: Towards a Dynamic Equilibrium?
An Update on Law and Case-Law in the National Systems
Does the Application of the Exhaustion of Rights Doctrine in French Law Ensure a Balanced and Effective Compromise Between the Free Movement of Goods and the Protection of Intellectual Property Rights?
Enforcement of FRAND Commitments and Competition Law Litigation of Standard-Essential Patents in Germany Post-Huawei
Italian Competition Authority’s News Review Service Case: Essential Facilities and FRAND Determination at the Intersection Between
Competition and IPR
A. Minuto Rizzo & C. Noto
Reconciling Competition and IP Law: The Case of Patented Pharmaceuticals and Dominance Abuse
C. Fonteijn, I. Akker & W. Sauter
Public Enforcement and Private Litigation in the UK: Pfizer and Flynn Pharma
G. Barling & R. Reumerman
The Interplay Between Competition Law and Intellectual Property: The Brazilian Experience
The Interplay Between Competition Law and Intellectual Property: A Perspective from Canada
The Interplay Between Competition Law and Intellectual Property: Updates from India
N.S. Chopra & A.S. Sethi
Russia and Global Challenges for Competition Law and Policy in the New Economy: Yandex v. Google, Kaspersky v. Microsoft, the Bayer-Monsanto Merger and Beyond
Intersection Between Intellectual Property Law and Competition Law in South Africa
U.S. Intellectual Property and Competition Law