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Vol 21 No 11 Nov/Dec 2016

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Antitrust and Patent Law


ISBN13: 9780198728979
Published: March 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £145.00



In stock.

The interface of antitrust and intellectual property (IP) is complex, as the rapid development of technology markets drives rapid evolution in the law. This makes it increasingly important for legal practitioners to have a firm grasp of the policy concerns that inform antitrust limits on the use of proprietary technology.

This book examines the intersection of competition and patent laws from the perspective of both United States (US) and European Union (EU) law; this approach is essential for understanding current developments, as cutting-edge issues play out on both sides of the Atlantic. It also explores the economic theory which underlies the rules in these jurisdictions.

The first part introduces the essential features of antitrust and IP, the fraught boundary between them, and the law's recent developments. It discusses the extent to which the US patent regime is in crisis, and the benefits and dangers of the unified patent system recently adopted in Europe.

The second part explores the idiosyncratic nature of competition analysis of technology markets, and articulates a new framework for understanding antitrust and IP, focusing on the common thread of innovation. The third part explores the most pressing questions in IP-competition law today: the antitrust implications of patent holdup in the form of PAE activity and abuse of the standard-setting process. The fourth part analyses concerted practices surrounding the licensing and use of IPRs, and the controversial practice of pay-for-delay agreements in the pharmaceuticals sector.

The fifth part addresses perhaps the most contentious subject in the competition-IP sphere: the problem of predatory design, anticompetitive innovation, and interoperability requirements. Finally, the book focuses on the procedural and technical aspects of private litigation needed to translate a substantive violation into a realisable remedy.

Subjects:
Competition Law, Intellectual Property Law
Contents:
Introduction

PART I: UNDERSTANDING THE IP-COMPETITION LAW INTERFACE
1. The Evolving Relationship Between IP and Antitrust
2. Is the Patent System in Crisis?
3. Is the Patent System in Crisis?

PART II: SPECIAL COMPETITION PROBLEMS IN TECHNOLOGY MARKETS
4. Market Definition in the IP Space
5. The Meaning of Competition and Market Power in IP Markets
6. Patent Scope, Efficient Monopoly, the Limits of the IP Exception to Competition Law

PART III: STRATEGIC HOLD-UP AND PATENT MISUSE
7. Manipulation of the Standard-Setting Process
8. Anticompetitive Patent Assertion
9. Targeted Patent Aggregation
10. Patent Misuse

PART IV: AGREEMENTS CONCERNING THE USE OF INTELLECTUAL PROPERTY
11. Joint Ventures in Technology
12. Exclusionary Agreements in the Pharmaceutical Industry
13. Patent Pools and Portfolio Cross-Licensing Agreements
14. Field-of-Use Restrictions, Grantbacks, and other Issues in Patent Licensing

PART V: PREDATORY INNOVATION
15. Designing Closed Proprietary Systems to Exclude Rivals
16. Dominant IP Owners' Sharing Obligations
17. Manipulating the Regulatory Structure to Foreclose Competition

Conclusion