Intellectual Property and the Limits of Antitrust


Book Description

An excellent account of practice on both sides of the Atlantic regarding the intersection of antitrust and intellectual property rights. The author provides a detailed account of the legal discussion in an economics-informed manner. A must read, as far as I am concerned, for practitioners and academicians alike. Petros C. Mavroidis, Columbia Law School, New York, US, University of Neuch'tel, Switzerland and CEPR, UK This book examines the growing divergences between the EU and the US in their approach to antitrust law enforcement, particularly where it relates to intellectual property (IP) rights. The scope of US antitrust law as defined in the Supreme Court s decisions in Trinko and Credit Suisse Securities is much narrower than the scope of EU competition law. US antitrust enforcers have become increasingly reluctant to apply antitrust rules to regulated markets, whereas the European Commission has consistently used EU competition rules to correct the externalities resulting from government action. The contrasting approaches adopted by US and EU antitrust enforcers to these issues, as with the differences in addressing market dominance, have had a profound impact on the scope of antitrust intervention in the IP field. This book provides an in-depth analysis of the relevant recent developments on both sides of the Atlantic and identifies the pitfalls of regulating IP through competition rules. With a unique comparative perspective, this book will be an invaluable resource for postgraduate students, academics and practitioners in IP and competition law.




The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech


Book Description

This Cambridge Handbook, edited by Roger D. Blair and D. Daniel Sokol, brings together a group of world-renowned professors in the fields of law and economics to assess the theory and practice of antitrust, intellectual property, and high tech. With the increased globalization of antitrust, a better understanding of how law and economics shape this interface will help academics, policymakers, and practitioners to understand the existing state of academic literature, its limits, and its relevance to real-world antitrust. The book will be an essential resource for anyone seeking to understand academic and policy considerations shaping the world of antitrust, intellectual property, and high tech.




Antitrust Guidelines for the Licensing of Intellectual Property


Book Description

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.




Creation without Restraint


Book Description

Creation without Restraint: Promoting Liberty and Rivalry in Innovation analyzes the current state of competition (antitrust) and intellectual property laws, and proposes realistic reforms that will encourage innovation. As with antitrust and a reform process that aligned injury requirements in lawsuits with the incentive to compete, this book proposes similar reforms for patent and copyright law, and considers both the uses and limitations of antitrust as a vehicle for intellectual property law reform.




Antitrust Law


Book Description

PLEASE NOTE: This book is available only as an ebook. Print copies are not available. To view or download the 2019 Supplement to this book, click here. Antitrust Law is a practical casebook using (1) enforcement agency materials, (2) modern case law, and (3) hypothetical problems to train law students to counsel clients, lobby enforcement agencies, and argue to courts. It fully explores the Rule of Reason and per se doctrines as they are understood today, including remedial issues and the conduct necessary to establish a naked or an integrated antitrust agreement. It then addresses the increasingly important limits on antitrust relating to (1) standing and competitive injury; (2) free speech; (3) government regulation; and (4) labor relations. Finally, it examines how the courts apply antitrust law in the context of intellectual property and amateur and professional sports. United States antitrust law has a rich history and a tradition of stimulating in-depth economic analysis. These topics understandably dominate most casebooks. Unfortunately, a typical introductory antitrust class is not long enough to cover history and modern application. And typical law students -- like most judges and even enforcement agency lawyers -- do not have the background necessary to appreciate nuanced economic analysis. Antitrust Law uses historical materials to illustrate on-going practical problems, and it explains economic concepts in plain language giving students just what they need to enter the practice as antitrust lawyers. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific.




The Antitrust Paradox


Book Description

The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.




Power and Ideas


Book Description

The first comprehensive political-science treatment of the global politics and diplomacy of intellectual property and antitrust, with focus on relations between developing and industrialized countries.




Patent Misuse and Antitrust Law


Book Description

This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before.







The Oxford Handbook of Intellectual Property Law


Book Description

A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.