Patent Antitrust Law
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Author | : Daryl Lim |
Publisher | : Edward Elgar Publishing |
Total Pages | : 510 |
Release | : 2013-10-31 |
Genre | : Law |
ISBN | : 0857930184 |
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.
Author | : François Lévêque |
Publisher | : Edward Elgar Publishing |
Total Pages | : 262 |
Release | : 2005-01-01 |
Genre | : Law |
ISBN | : 9781781008041 |
In modern markets innovation is at least as great a concern as price competition. The book discusses how antitrust policy and patent and copyright laws interact to create market dynamics that affect both competition and innovation. Antitrust and intellectual property policies for the most part are complementary, sharing common goals of promoting innovation and economic welfare. In some cases, however, their distinct approaches, one based on competition and the other on exclusion, come into conflict. As antitrust authorities focus increasingly on ensuring that firms do not interfere with innovation by rivals or impede the pace of technological progress in an industry, they necessarily must confront difficult questions about the strength and scope of intellectual property rights. When should private property rights give way to public competition objectives? When is it appropriate to remedy anticompetitive outcomes through access to protected intellectual property? How does antitrust enforcement or competition itself affect incentives to innovate? Leading economists and lawyers address these questions from both US and EU perspectives in discussing salient antitrust cases involving intellectual property rights such as Microsoft, Magill, Kodak, IMS and Intel.
Author | : American Bar Association. International Patent and Know-how Licensing Task Force |
Publisher | : |
Total Pages | : 100 |
Release | : 1981 |
Genre | : Law |
ISBN | : |
This monograph deals with some of the problems under U.S. antitrust law that may be encountered in international patent and know-how licencing.
Author | : Giovanni Pitruzzella |
Publisher | : Kluwer Law International |
Total Pages | : 0 |
Release | : 2016 |
Genre | : Antitrust law |
ISBN | : 9789041159274 |
Editors --Contributors --Foreword --Preface --Pharmaceutical Patents and Competition Issues --What Is Going on in National Systems?
Author | : |
Publisher | : American Bar Association |
Total Pages | : 262 |
Release | : 2000 |
Genre | : Law |
ISBN | : 9781570738364 |
Misuse is an increasingly important topic because of the central role intellectual property plays in our economy. The consequences of a misuse finding are severe: unenforceability of the patent or copyright involved, and defense to a suit to recover royalties in a license. The defense continues to arise in patent cases, has led to the dismissal of several recent copyright cases, and is now being asserted in trademark cases. The misuse defense thus represents a nexus of intellectual property and antitrust law and has the potential to affect business practices involving computer copyrights and other areas highly relevant in today's economic environment. This timely handbook covers the origin and development of the misuse doctrine, the debate about its scope and existence in relation to antitrust law, and its present status in patent, copyright, and trademark law. It also gives practical insights into how the doctrine affects both licensing and litigation practice.
Author | : United States. Congress. Senate. Committee on Patents |
Publisher | : |
Total Pages | : 116 |
Release | : 1930 |
Genre | : Antitrust law |
ISBN | : |
Author | : United States. Federal Trade Commission |
Publisher | : DIANE Publishing |
Total Pages | : 315 |
Release | : 2003 |
Genre | : Competition |
ISBN | : 1428952748 |
Innovation benefits consumers through the development of new and improved goods, services, and processes. Competition and patents stand out among the federal policies that influence innovation. Both competition and patent policy can foster innovation, but each requires a proper balance with the other to do so. This report by the Federal Trade Commission discusses and makes recommendations for the patent system to maintain a proper balance with competition law and policy.
Author | : United States. Department of Justice |
Publisher | : DIANE Publishing |
Total Pages | : 216 |
Release | : 2007 |
Genre | : |
ISBN | : 9781422320198 |
Author | : Christopher R. Leslie |
Publisher | : |
Total Pages | : 702 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0195337190 |
In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds of their intellectual property rights. Leslie explains that while substantive intellectual property law defines the scope of the exclusionary rights, antitrust law often provides the most important consequences when owners of intellectual property misuse their rights in a way that harms consumers or illegitimately excludes competitors. Antitrust law defines the limits of what intellectual property owners can do with their IP rights. In this book, Leslie explores what conduct firms can and cannot engage in while acquiring and exploiting their intellectual property rights, and surveys those aspects of antitrust law that are necessary for both antitrust practitioners and intellectual property attorneys to understand. This book is ideal for an advanced antitrust course in a JD program. In addition to building on basic antitrust concepts, it fills in a gap that is often missing in basic antitrust courses yet critical for an intellectual property lawyer: the intersection of intellectual property and antitrust law. The relationship between intellectual property and antitrust is particularly valuable as an increasing number of law schools offer specializations and LLMs in intellectual property. This book also provides meaningful material for both undergraduate and graduate business schools programs because it explains how antitrust law limits the marshalling of intellectual property rights.
Author | : Geoffrey A. Manne |
Publisher | : Cambridge University Press |
Total Pages | : 559 |
Release | : 2011-06-13 |
Genre | : Business & Economics |
ISBN | : 1139498533 |
Any legal regime must attempt to assess the trade-offs associated with rules that will affect incentives to innovate, allocative efficiency, competition, and freedom of economic actors to commercialize the fruits of their innovative labors. The essays in this book approach this critical set of problems from an economic perspective.