Intellectual property and competition
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Intellectual property and competition

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Published by Edward Elgar in Cheltenham, UK, Northampton, MA, USA .
Written in English


  • Intellectual property,
  • Antitrust law

Book details:

Edition Notes

Includes bibliographical references (p. [vii]-viii).

Statementedited by Michael A. Carrier
SeriesCritical concepts in intellectual property law -- 2, An Elgar research collection, Critical concepts in intellectual property law -- 2., Elgar research collection
LC ClassificationsKF3116 .I5685 2011
The Physical Object
Paginationxx, 753 p. :
Number of Pages753
ID Numbers
Open LibraryOL24847375M
ISBN 101848442181
ISBN 109781848442184
LC Control Number2010939250

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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. ISBN: OCLC Number: Description: xx, pages: illustrations ; 25 cm. Contents: Conflict between antitrust and intellectual property rights / Herbert Hovenkamp --Exclusionary practices (II): the new economy / Richard A. Posner --Antitrust and intellectual property: unresolved issues at the heart of the new economy / Robert Pitofsky --Legal . Introduction: Intellectual Property, Unfairness and Speech – Convergences and Developments Annette Kur, Nari Lee, Ansgar Ohly and Guido Westkamp PART I: CONDUCT AND UNFAIRNESS: MAPPING METHODOGICAL BOUNDARIES 1. What to Protect, and How? Unfair Competition, Intellectual Property, or Protection Sui Generis Annette Kur 2. The book’s clear-sighted view of the status quo and emerging trends in the two fields of IP rights and European competition law provides valuable insights to practitioners, policymakers, and academics dealing with issues at the intersection of intellectual property law and competition .

In the second part of the book we look at a number of issues closely related to the interface between competition law and intellectual property rights. Separate chapters analyse the issue of parallel trading and exhaustion of IPRs, the issue of technology transfer, and the economics of the interface between intellectual property and competition.   Abstract. This chapter focuses on the interface between Intellectual Property Rights (IPR) and competition law. Exercising rights by the IPR holder in certain circumstances may attract the provisions of competition law especially when it has an adverse effect on consumer welfare or amounts to abuse of dominant position. The term intellectual property first came into being in the 19th century, but only became commonly used towards the end of the 20th century. The World Intellectual Property Organization (WIPO) was founded in as a specialized agency of the United Nations with its headquarters in Geneva, Switzerland. Intellectual property (IP) allows consumers to make choices between competing entrepreneurs, and the goods and services they sell. Therefore, IP is inherently pro-competitive as it ensures the protection of differentiated, intangible business assets.

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking.   Intellectual Property, Unfair Competition and Publicity: Convergences and Development Nari Lee, Guido Westkamp, Annette Kur, Ansgar Ohly Edward Elgar Publishing, - Law - . This book examines the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law against the background of the uniform rules set by the EU General Data Protection Regulation. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or.' - Marianne Levin, Stockholm University.