You have no items in your shopping cart.

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

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

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789041186874
  • Published In: January 2019
  • Format: Hardback
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
HKD 1,820.00
Delivery Time: around 3-4 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
OR
  • Description 
  • Contents 
  • Details

    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.

  • 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

You may also be interested in these books: