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Edward Elgar Publishing
Innovation, Competition and Consumer Welfare in Intellectual Property Law

Innovation, Competition and Consumer Welfare in Intellectual Property Law

by Gustavo GhidiniGustavo Ghidini


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This authoritative book provides a comprehensive critical overview of the basic IP paradigms, such as patents, trademarks and copyrights. Their intersection with competition law and their impacts on the exercise of social welfare are analysed from an evolutionary perspective.

The analyses and proposals presented encompass the features and rationales of a legal field in constant evolution, and relate them to increasingly rapid technological, economic, social and geo-political developments. Gustavo Ghidini highlights the emerging trends that challenge the traditional ‘all-exclusionary’ vision of IP law and its application. The author expertly combines holistic, evolutionary and constitutionally oriented approaches, with the search for a rebalancing of the IP rights holders’ positions with citizens’ and users’ rights.

This book will appeal to academics, scholars and lawyers specializing in the realm of intellectual property, competition and comparative law.

Product Details

ISBN-13: 9781847209702
Publisher: Edward Elgar Publishing
Publication date: 01/01/2010
Pages: 304
Product dimensions: 6.00(w) x 9.30(h) x 0.90(d)

About the Author

Gustavo Ghidini, Professor Emeritus, University of Milan and Professor of IP and Competition Law, LUISS University, Rome, Italy

Table of Contents

Contents: Preface by Giuliano Amato 1. Introduction: The Basic Paradigms and Constitutional Framework of Intellectual Property Law 2. Patent Protection of Innovations: A Monopoly with Pro-Competitive Antibodies 3. From Art to Technology: The Expansion of Copyright 4. The Distinguishing Function and Advertising Value of the Trademark: Aspects and Critique of the European Reform 5. Intellectual Property and Regulation(s) of Competition Appendix – On TRIPs and Developing Countries: ‘Don’t Do Unto Others...’ Index

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