ISBN-10:
1849800774
ISBN-13:
9781849800778
Pub. Date:
05/01/2010
Publisher:
Edward Elgar Publishing
Research Handbook on Intellectual Property and Competition Law

Research Handbook on Intellectual Property and Competition Law

by Josef DrexlJosef Drexl
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Overview

This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright.


Appropriate space is devoted to the latest developments in European and American antitrust law, such as the ‘more economic approach’ and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework.


These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.

Product Details

ISBN-13: 9781849800778
Publisher: Edward Elgar Publishing
Publication date: 05/01/2010
Series: Elgar Original Reference Series
Pages: 512
Product dimensions: 6.10(w) x 9.10(h) x 1.10(d)

About the Author

Edited by Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany

Table of Contents

Contents:


Preface


PART I: OVERARCHING POLICIES AND ECONOMIC THEORIES

1. Competition Law and Intellectual Property Rights – Outline of an Economics-based Approach

Olav Kolstad


2. Is There a ‘More Economic Approach’ to Intellectual Property and Competition Law?

Josef Drexl


3. The Contestability of IP-Protected Markets

Andreas Heinemann


4. Assessing the Effects of Intellectual Property Rights in Network Standards

Mark-Oliver Mackenrodt


PART II: CONTRACTUAL ARRANGEMENTS

5. The New EC Competition Law Framework for Technology Transfer and IP Licensing

Steve Anderman


6. Patent Pools – Policy and Problems

Hanns Ullrich


7. The Competitive Effects of Patent Field-of-Use Licences

Mark R. Patterson


8. Patent and Know-How Licences under the Japanese Antimonopoly Act

Junko Shibata


PART III: UNILATERAL RESTRAINTS

9. Unilateral Refusal to License Indispensable Intellectual Property Rights – US and EU Approaches

Beatriz Conde Gallego


10. Patent Power and Market Power: Rethinking the Relationship between Intellectual Property Rights and Market Power in Antitrust Analysis

Clifford A. Jones


11. Making Antitrust and Intellectual Property Policy in the United States: Requirements Tie-ins and Loyalty Discounts

Warren S. Grimes


PART IV: MERGER CONTROL

12. New Technologies and Mergers

Josef Bejček


PART V: THE EFFECT OF IP LAWS AS SUCH ON COMPETITION

13. Limiting IP Protection for Competition Policy Reasons – A Case Study on the EU Spare-Parts-Design Discussion

Annette Kur


14. One, None, or a Hundred Thousand: How Many Layers of Protection for Software Innovations?

Gustavo Ghidini and Emanuela Arezzo


15. Development of the Economics of Coypright

Christian Handke, Paul Stepan and Ruth Towse


PART VI: NATIONAL IP RIGHTS AND CROSS-BORDER COMPETITION

16. Intellectual Property, the Internal Market and Competition Law

Stefan Enchelmaier


17. The Exhaustion/Competition Interface in EC Law – Is There Room for a Holistic Approach?

Ole-Andreas Rognstad


18. Competition Policy and Intellectual Property in the WTO: More Guidance Needed?

Robert D. Anderson


Index

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