Patent Assertion Entities And Competition Policy

Author: D. Daniel Sokol
Editor: Cambridge University Press
ISBN: 1316861902
Size: 12,10 MB
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Patent Assertion Entities (commonly known as 'patent trolls') hurt competition and innovation. This book, the first to analyze the most salient issues related to Patent Assertion Entities around the world, integrates economic theory with economic and legal reality to examine how the entities function and their impact on competition. It also offers legal and policy solutions that might be used to combat them. Edited by D. Daniel Sokol, the volume collects chapters from an array of leading scholars who describe Patent Assertion Entities in the United States, Europe, Korea, Taiwan, Japan, and China, while offering empirical accounts of the entities' economic consequences and their use of litigation as a means of legal extortion against many of the most innovative companies in the world, from startups to multinationals. It should be read by anyone interested in how Patent Assertion Entities operate and how they might be stopped.

Intellectual Property And Competition Law

Author: Peter Chrocziel
Editor: Kluwer Law International B.V.
ISBN: 9041166831
Size: 18,74 MB
Format: PDF
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Inevitably, every marketed product or service can always be located at the intersection of intellectual property law and competition law, a nexus rife with potential problems throughout the ‘life’ of an intellectual property (IP) right. This important book is the first to focus in depth on this intersection in the European context, masterfully elucidating the consequences for IP rights owners from the right’s inception to its transfer, sale, or demise. The authors describes and analyses the following topics and more in detail: • characteristics, purpose and theoretical justifications of IP rights; • obtaining, maintaining, and exploiting an IP right; • effects of provisions of European competition law regarding cartels, block exemptions, abuse of dominant position, free movement of goods, and merger control; • competition between originator companies and generic companies; • licensing, especially the problem of refusal to grant a license; and • enforcement of an IP right. The book analyses all major cases affecting aspects of the intersection, supported by an examination of the historical background and political influence concerning the two areas of European law. There are also special chapters on the prominent and influential national legal systems of Germany, the United States, China, The Netherlands, and the United Kingdom. An annex provides texts of the major antitrust regulations dealing with European IP rights. As a ‘biography’ of IP rights focusing on areas of entanglement with European competition law, this book is without peer. Its clear-sighted view of the status quo and emerging trends in the two fields will be of immeasurable value to practitioners, policymakers, and academics dealing with issues at the intersection of intellectual property law and competition law in Europe and elsewhere.

The Interplay Between Competition Law And Intellectual Property

Author: Gabriella Muscolo
Editor: Kluwer Law International B.V.
ISBN: 9041186905
Size: 17,36 MB
Format: PDF, ePub
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Although competition law and intellectual property 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 markets-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. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields

Antitrust Enforcement And Standard Essential Patents

Author: Haris Tsilikas
Editor: Nomos Verlag
ISBN: 3845285192
Size: 17,41 MB
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Die Arbeit diskutiert die Auswirkungen der Durchsetzung von Standard-Patenten für das Wettbewerbsrecht. Die formale Standardeinstellung hat das Potenzial, zu nahezu optimalen Investitionen in Forschung und Entwicklung und gleichzeitig zur schnellen Umsetzung innovativer Standards zu führen.

New Frontiers Of Antitrust 2014

Author: Joaquín Almunia
Editor: Bruylant
ISBN: 2802753029
Size: 20,91 MB
Format: PDF
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This volume contains the papers presented at the annual Concurrences Journal conference held on 21 February 2014 at the French Ministry for the Economy. After the traditional « State of the Union », presented by Vice President Joaquín Almunia in the context of the « after » economic crisis, the papers adress four main issues: • Detection of anticompetitive practices: Should existing tools be revised or new tools introduced? Leniency, market surveys, financial reward… • Patents: Can antitrust authorities contribute to fixing the dysfunctional patent system? • European Competition Network 10 years after & EC Regulation 1/2003: Can cooperation be extended to merger control and advocacy? • Restructuring firms in the context of crisis: What role for merger policy? The volume ends by a contribution of Minister Benoît Hamon on the French class action. This work was published in the collection under the scientific direction of Professor Laurence Idot.

Intellectual Property Law And Policy

Author: Hugh Hansen
Editor: Bloomsbury Publishing
ISBN: 1782251189
Size: 12,35 MB
Format: PDF, ePub
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This is the 17th Annual volume in the series collecting the presentations and discussion from the Annual Fordham IP Conference. The contributions, by leading world experts, analyse the most pressing issues in copyright, trademark and patent law as seen from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its predecessors, makes a valuable and lasting contribution to the discourse in IP law, as well as trade and competition law. The contents, while always informative, are also critical and questioning of new developments and policy concerns. Praise for the series: "This must be one of the most enjoyable and thought-provoking conferences in the IP field. The high quality of the speakers is matched by the intense, audience-led debates and challenges which follow." The Honourable Mr Justice Laddie, Royal Courts of Justice, London "Faculty for this conference are always well-known 'names', well respected leaders in their fields, speaking with a combination of candor and timeliness that is unrivaled by any other forum of its kind." Honorable Marybeth Peters, Register of Copyrights, United States Copyright Office.

The Hastings Law Journal

Author:
Editor:
ISBN:
Size: 18,92 MB
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Competition Policy

Author: Sridhar Krishna
Editor:
ISBN: 9788131401897
Size: 12,15 MB
Format: PDF, ePub, Docs
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Only in 2002, India introduced the Competition Act, long after the US and other countries. This law did away with controlling monopolies competition in industries. This policy is directly related to the market-oriented economic reforms of developed and de

Trademark And Unfair Competition Law And Policy In Japan

Author: Kenneth L. Port
Editor:
ISBN: 9781594601309
Size: 18,94 MB
Format: PDF, Docs
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Port describes both the nature and process of protecting appellations of source in Japan and provides normative commentary on this protection. By focusing on the Japanese judiciary's interpretation of two statutes — he Trademark Law and the Unfair Competition Prevention Act — some important lessons are learned. First, the Japanese judiciary treats trademark owners (both foreign and domestic) paternalistically. Japanese courts go to great extremes to avoid harsh results that seem possible under a strict reading of these two statutes. Second, Japanese trademark owners are extremely rights conscious and pursue litigation to the fullest in order to drive up the cost of market access by competitors. Third, the Japanese trademark right operates more like a true property right than it does in America. This has broad ramifications as judges treat the right with far more deference than their American counterparts.