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The Interplay Between Competition Law and Intellectual Property: An International Perspective by MUSCOLO

The Interplay Between Competition Law and Intellectual Property: An International Perspective

Edited by Gabriella Muscolo, Marina Tavassi
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Overview

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.

Last Updated 01/11/2019
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9789041186874
SKU 10059268-0002
Table of Contents

Editors

Contributors

Foreword

Preface

PART I
Competition, Intellectual Property and Economics

CHAPTER 1
Collaborative Standardisation and SEP Licensing: A EU Policy Perspective
G. Bruzzone & S. Capozzi

CHAPTER 2
Economic Considerations on Mergers, IPR Licensing and Litigation: A EU Perspective
C. Caffarra & P. Régibeau

CHAPTER 3
Alternative Dispute Resolution in FRAND Licensing: Economic Considerations for an Effective Framework
A. Chowdhury

CHAPTER 4
The “New Madison” v. the “Old Europe” Doctrine: On Re-balancing Competition Policy Towards SEPs
A. Nicita & G. Corda

CHAPTER 5
Proprietary Systems, Innovation and Competition: Is There Any Scope for Aftermarkets?
A. Pezzoli & C. D’Amore

PART II
Competition, Intellectual Property
and the Legal Doctrines

CHAPTER 6
Rethinking Monopolies
C. Birss

CHAPTER 7
Intellectual Property and Constitution with Particular Reference to the Italian System
B. Caravita

CHAPTER 8
Recent Shots on a Familiar Battlefield: Standard Essential Patents
I. Forrester & M. Domecq

CHAPTER 9
Antitrust and Intellectual Property in the United States and The European Union
D.H. Ginsburg, D. Geradin & K. Klovers

CHAPTER 10
SEPs Licensing: A Pro-competitive Determination of FRAND Royalties
G. Ghidini & G. Trabucco

CHAPTER 11
Unified Patent Court & Antitrust
G. Muscolo

CHAPTER 12
Online Platforms and Antitrust: Where Do We Go from Here?
R. Nazzini

CHAPTER 13
Reflections on the Legal Assessment of Excessive Prices in EU Competition Law
C. Osti

PART III
The Interplay Between Competition and Intellectual Property on the Relevant Markets

SUB-PART A
The High-Technology Market

CHAPTER 14
Automatic Injunction in Patent Cases and European (Competition) Law
W. Hoyng & A.-C. Hoyng

CHAPTER 15
SEP, NPE, PAE, Trolls and Huawei v. ZTE
M. Franzosi

SUB-PART B
The Energy Market

CHAPTER 16
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

SUB-PART C
The Pharmaceutical Market

CHAPTER 17
Current Issues on Antitrust Enforcement in the UK Pharmaceutical Sector
A. Coscelli, A. Groves & L. Ventura

CHAPTER 18
Competition Law and IP Rights in the Pharmaceutical Sector Between Technological Development, Consumer Protection and Health Care Costs: The Italian Experience
E.A. Raffaelli

SUB-PART D
Online Markets

CHAPTER 19
Online Markets, Geo-blocking and Competition
M. Tavassi & G. Bellomo

CHAPTER 20
Patent Pools in the ERA of the ‘Internet of Things’: A Fine Line Between Collusion, Market Power and Efficiencies
M. Lo Bue

SUB-PART E
Agricultural Markets

CHAPTER 21
The Interaction of Competition, Regulation and IP Rights in Agriculture: Towards a Dynamic Equilibrium?
I. Lianos

PART IV
An Update on Law and Case-Law in the National Systems

SUB-PART A
Europe

CHAPTER 22
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?
M. Karsenty-Ricard

CHAPTER 23
Enforcement of FRAND Commitments and Competition Law Litigation of Standard-Essential Patents in Germany Post-Huawei
H. Tsilikas

CHAPTER 24
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

CHAPTER 25
Reconciling Competition and IP Law: The Case of Patented Pharmaceuticals and Dominance Abuse
C. Fonteijn, I. Akker & W. Sauter

CHAPTER 26
Public Enforcement and Private Litigation in the UK: Pfizer and Flynn Pharma
G. Barling & R. Reumerman

SUB-PART B
Worldwide

CHAPTER 27
The Interplay Between Competition Law and Intellectual Property: The Brazilian Experience
A. Martinez

CHAPTER 28
The Interplay Between Competition Law and Intellectual Property: A Perspective from Canada
A. Gunderson

CHAPTER 29
The Interplay Between Competition Law and Intellectual Property: Updates from India
N.S. Chopra & A.S. Sethi

CHAPTER 30
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
A. Ivanov

CHAPTER 31
Intersection Between Intellectual Property Law and Competition Law in South Africa
D. Dingley

CHAPTER 32
U.S. Intellectual Property and Competition Law
M.A. Carrier

Epilogue
Richard Whish

Index

Volumes